UC-NRLF 


SB    7E    S7fl 


3-1239 

ORDERS,  INSTRUCTIONS,  AND 
REGULATIONS 

GOVERNING  THE 

PENSION  BUREAU 
1915 


GIFT  OF 


(3—1239) 


ORDERS 
INSTRUCTIONS  AND  REGULATIONS 


GOVERNING  THE 


PENSION  BUREAU 


COMPILED  BY   ORDER  OF 

THE  COMMISSIONER  OF  PENSIONS 

UNDER  THE  AUTHORITY  OF 

THE  SECRETARY  OF  THE  INTERIOR 


1915 


WASHINGTON 
GOVERNMENT  PRINTING  OFFICE 

1915 


These  orders,  instructions,  and  regulations  governing  the  Pension 
Bureau  have  been  very  carefully  prepared  under  the  personal  direc- 
tion of  the  commissioner,  who  has  been  given  valuable  assistance 
by  the  following  gentlemen,  namely:  Deputy  Commissioner  E.  C. 
Tieman,  Mr.  C.  M.  Yeates,  Mr.  J.  B.  Albright,  Mr.  S.  A.  Cuddy,  Mr. 
G.  R.  Davis,  Mr.  E.  W.  Morgan,  Mr.  T.  R.  Raines,  Dr.  A.  H.  Thomp- 
son, Mr.  Mortimer  Whitehead,  and  Dr.  A.  D.  Wilkinson. 

The  numbers  of  orders  have  been  omitted,  because  this  work  is  a 
codification  of  all  the  regulations  arranged  in  logical  order  in  con- 
nection with  the  various  subjects.  Instead  of  two  books,  as  form- 
erly, one  being  for  "  Orders,"  the  other  for  "  Practice,"  all  of  the 
regulations  on  either  subject  are  comprised  in  this  volume. 

GAYLORD  M.  SALTZGABER, 

Commissioner. 

APRIL  5,  1915. 


ORDERS,  INSTRUCTIONS,  AND  REGULATIONS 

GOVERNING  THE 

PENSION  BUREAU. 


DEFINITIONS. 

1.  In  determining  the  meaning  of  the  words  used  in  these  Orders, 
Instructions,  and  Regulations  the  singular  may  be  held  to  include 
the  plural;  the  plural  the  singular;  the  masculine  may  apply  to  the 
feminine;  the  feminine  may  apply  to  the  masculine;  the  words  "  insane 
person"  and  " lunatic"  shall  include  either  an  idiot,  one  non  compos 
mentis,  lunatic,  or  insane  person;  reference  to  any  " official"  shall 
include  any  person  authorized  by  law  to  perform  the  duties  of  such 
office,  unless  the  text  shows  that  such  words  were  intended  to  be 
used  in  a  more  limited  sense;  the  requirement  of  oath  shall  be  deemed 
complied  with  by  making  affirmation  in  judicial  form;   the  word 
" guardian"  shall  include  tutor  or  other  person  judicially  performing 
the  duties  of  such  trust  office;  "and"  may  be  read  "or"  and  "or" 
may  be  read  "and,"  if  the  sense  requires  it;  words  of  the  present 
may  include  the  future  tense;  where  provision  by  law  is  made  for 
all,  and  where  the  word  "soldier"  is  used  therein  it  may  be  held  to 
include  "sailor"  or  "marine." 

ORGANIZATION  OF  BUREAU. 

For  the  convenient  transaction  of  the  business  of  the  bureau,  the 
following  assignment  of  duties  is  made: 

2.  The  commissioner  will  supervise  the  business  arising  in  the 
following-named   divisions:  Medical  Division,  Law  Division,  Board 
of  Review,  Finance" Division,  and  Special  Examination  Division. 

3.  The  deputy  commissioner  will  supervise  the  business  arising 
in  the  following-named  divisions:  Army  and   Navy  Division,  Civil 
War  Division,  Record  Division,  Certificate  Division,  and  Disbursing 
Division. 

4.  The  chief  clerk  will  have  supervision  of  the  business  of  the 
Mail  and  Supplies  Division,  Revolutionary  War  Section,  Admitted 
Files,  and  Abandoned  Files. 

5.  All  cases  involving  intricate  questions  of  law  or  of  fact,  and  all 
cases  involving  a  first  payment  of  $500  or  more,  shall  be  brought  to 
the  attention  of  the  commissioner  by  the  Certificate  Division  for  his 
personal  consideration  and  action,    s^f+r-) 


2  REGULATIONS  GOVERNING  PENSION   BUREAU. 

6.  The  chief  clerk,  with  the  aid  of  the  assistant  chief  clerk,  shall 
have  control  of  the  personnel  of  the  bureau  and  see  that  proper  dis- 
cipline is  maintained;  shall  have  charge  of  all  papers  relating  to 
appointments,  promotions,  demotions,  transfers,  reinstatements,  and 
dismissals;  the  preparation  of  the  pay  roll,  the  central  accounting 
system  of  the  bureau;  the  custody,  press  copying,  and  distribution 
of  the  decisions  and  orders  of  the  Secretary  of  the  Interior  and  the 
commissioner,  and  the  preparation  of  the  estimates  of  appropriations 
affecting  the  Bureau  of  Pensions,  and  such  other  duties  as  may  be 
assigned  to  him  by  the  commissioner,  or  as  may  be  required  of  him 
by  law.     He  shall,  as  required  by  law,  administer  oaths. 

7.  The  assistant  chief  clerk,  in  addition  to  aiding  the  chief  clerk, 
shall,  in  the  absence  of  the  chief  clerk,  perform  his  duties. 

8.  The  law  clerk  shall  have  charge  of  particular  claims  which  are 
submitted  to  him  and  advise  the  commissioner  with  reference  thereto, 
and  perform  such  other  duties  as  shall  be  assigned  to  him  from  time 
to  time  by  the  commissioner. 

FUNCTIONS  OF  DIVISIONS. 

9.  Board  of  Review. — Shall  be  composed  of  expert  examiners,  who 
shall  review  and  determine  all  claims  for  pension  before  final  action 
is  taken,  and  shall  determine  questions  of  reopening  in  cases  which 
have  been  rejected  on  legal  grounds,  and  have  charge  of  all  matters 
relating  to  reduction,  recovery  by  recoupment,  dropping,  and  appeals 
to  the  Secretary  of  the  Interior  from  the  action  of  the  bureau,  except 
appeals  in  connection  with  claims  under  the  act  of  March  3,  1899, 
and  appeals  as  to  title  to  fee  or  recognition  as  attorney. 

The  personnel  of  the  Board  of  Review  will  be  determined  by  the 
commissioner. 

10.  Medical  Division. — The   medical  referee   shall   perform   such 
duties   as   are  prescribed  in  section  4776,   Revised  Statutes;  shall 
issue  orders  for  medical  examinations  and  keep  a  record  of  the  same; 
shall  examine  and  audit  the  accounts  of  examining  surgeons;  shall 
determine  from  the  evidence  and  medical  examinations  the  proper 
rates  for  pensionable  disabilities  in  invalid  claims;  and  shall  determine 
all  medical  and  surgical  questions  which  may  arise  in  any  case, 
including  that  of  reopening  in  cases  which  have  been  rejected  &n 
medical  grounds. 

11.  Law  Division. — Shall  have  charge  of  questions  of  law,  includ- 
ing marriage,  divorce,  and  guardianship;  matters  involving  criminal 
features  and  recovery  by  civil  action;  matters  of  division  of  pensions 
under  the  act  of  March  3,  1899,  including  appeals  therein;  matters 
arising  in  the  adjudication  of  claims  under  the  act  of  August  8, 
1882,  and  those  under  the  acts  of  February  20,  1905,  and  February 


REGULATIONS   GOVERNING   PENSION   BUREAU.  3 

2,  1909;  matters  of  discipline  of  attorneys;  questions  relating  to 
attorneys  or  their  fees,  when  properly  submitted,  including  appeals 
therein;  shall  keep  the  roster  of  attorneys,  and  advise  the  bureau  of 
changes  therein;  determine  the  validity  and  sufficiency  of  all  decla- 
rations, and  the  particular  law  under  which  the  same  are  to  be  adju- 
dicated; shall  keep  a  record  of  the  official  character  and  signature 
of  officers  (not  required  by  law  to  use  a  seal  to  authenticate  their 
official  acts)  authorized  to  administer  oaths  for  general  purposes, 
noting  changes  therein;  furnish  abstracts  of  evidence  and  informa- 
tion on  proper  call  made  by  any  other  branch  of  the  Government; 
furnish  copies  required  by  the  act  of  August  24,  1912;  answer  mis- 
cellaneous correspondence  not  properly  referable  to  other  divisions; 
transmit  cases  to  Congress  through  the  department  when  required; 
transmit  pension  cases  direct  to  the  several  committees  of  Congress 
on  call  therefor;  report  on  prospective  or  proposed  legislation  affect- 
ing pensions ;  keep  record  and  make  reports  of  special  acts  granting 
pensions;  supervise  the  return  of  copies  and  the  originals  of  papers 
filed  as  proof  in  claims  in  the  Pension  Bureau;  and  shall  perform  such 
other  duties  as  may  be  required  by  the  commissioner. 

12.  Special   Examination  Division. — Shall   have   charge   of   cases 
requiring  special  examination  in  the  field;  prepare  indexes  of  same; 
direct  the  method  of  inquiry  by  special   examiners ;  aid  in  prose- 
cuting  offenders  against  the  pension  law;  and  audit  the  expense 
accounts  of  the  special  examiners. 

13.  Army  and  Navy  Division. — Shall  have  charge  of  the  settle- 
ment of  all  claims  for  bounty  land;  shall  have  charge  of  all  claims 
under  any  law  in  which  there  appears  a  service  rendered  prior  to 
March  4,    1861,   or  a  service  rendered  in  the  War  with  Spain,  or 
in  the  United  States  Navy,  or  in  the  Coast  Guard,  or  in  the  Regular 
Army  at  any  time,  or  in  any  miscellaneous  United  States  organiza- 
tion, and  of  claims  for  reimbursement  under  the  act  of  March  2,' 
1895,  and  shall  have  custody  and  furnish  -certificates  of  all  docu- 
ments required  by  act  of  May  30,  1908. 

14.  Civil  War  Division. — Shall  have  charge  of  the  settlement  of  all 
claims  arising  out  of    the  military  service  during   the  Civil  War, 
except  claims  which  are  specifically  assigned  to  the  Army  and  Navy 
Division. 

•—15.  Record  Division. — Shall  have  charge  of  recording,  jacketing, 
and  numbering  claims  for  pensions,  and  have  custody  of  the  records 
thereof;  shall  keep  a  record  and  prepare  copies  required  by  the  act 
of  May  11,  1912,  as  amended;  shall  have  charge  of  reports  of  the 
removal  of  charges  of  desertion  forwarded  to  the  bureau  by  the 
War  Department,  and  the  collection  of  names  and  post-office  ad- 
dresses of  survivors  of  the  Army  and  Navy,  and  furnishing  the  same 
to  the  several  divisions  of  the  bureau  when  required;  shall  flat  file 


4  REGULATIONS  GOVERNING   PENSION   BUREAU. 

and  make  card  indexes  of  the  documents  and  claims  arising  out  of 
the  War  of  1812,  and  shall  have  custody  thereof. 

16.  Certificate  Division. — Shall  have  charge  of  issuing,  numbering, 
and  recording  certificates  granting  pensions,  designating  the  groups 
at  which  payable,  the  granting  of  permits  to  draw  pension,  and  the 
issuing  of  duplicate  certificates  where  pension  certificates  have  been 
lost  or  destroyed;  and  shall  have  charge  of  the  raters  section. 

The  Certificate  Division  shall,  hi  transmitting  the  certificate  to  the 
Finance  Division,  furnish  all  proper  information  not  shown  by  the 
certificate  itself,  such,  for  instance,  as  that  relating  to  post-office 
address  and  payee's  name  where  the  pension  is  payable  to  a  person 
other  than  the  pensioner,  etc. 

17.  Finance  Division. — Shall  have  charge  of  the  pension  roll,  and 
note  all  changes  therein;  shall  prepare  pension  vouchers  and  voucher 
and  nonvoucher  pension  schedules   for  certification   by  the  Com- 
missioner of  Pensions   to   the  disbursing  clerk  for  payment;    shall 
make  the  administrative  examination  of  all  accounts  of  the  dis- 
bursing clerk,  required  by  the  Dockery  Act  (28  Stat.,  205);    shall 
make  requisitions  upon  the  Treasurer  of  the  United  States  for  funds 
for  the  payment  of  pensions  and  fees  of  examining  surgeons;  shall 
make  estimates  for  appropriations  for  pensions  and  of  the  cost  of  any 
proposed  pension  legislation;    shall  keep  accounts  of  pension  dis- 
bursements; shall  prepare  statements  and  tabulations  dealing  with 
matters  above  enumerated  as  needed  throughout  each  year,  and  for 
the  purpose  of  the  annual  report  of    the  commissioner;    and  shall 
drop  the  names  of  pensioners  from  the  roll  on  account  of  death 
and  other  causes.     All  reports  of  admissions  to  and  discharges  from 
the  National  Home  for  Disabled  Volunteer   Soldiers,    the   United 
States  Soldiers'  Homes,  the  United  States  General  Hospital  at  Fort 
Bayard,  N.  Mex.,  U.  S.  Naval  Home,  Naval  Hospital,  and  the  Gov- 
ernment Hospital  for  the  Insane  shall  be  applied  by  the    Finance 
Division  to  the  cases  to  which  they  relate.     Notations  on  the  jacket 
of  change  in  group  due  to  transfers  shall  be  made  in  said  division, 
and  cases  shall  be  referred  from  that  division  to  the  Law  Division 
when  action  is  required  in  the  latter  division  in  connection  with 
claims  for  division  of  pension  under  the  act  of  March  3,  1899. 

18.  Disbursing  Division. — Shall  have  charge  of  making,  issuing, 
and  transmitting  all  checks  in  payment  of  pensions  upon  vouchers, 
pay  rolls,  or  schedules  furnished  by  the  Chief  of  the  Finance  Division; 
of  the  notation  and  certification  of  payments  upon  such  vouchers, 
pay  rolls,  and  schedules,  and  the  submission  of  same  to  the  Chief  of 
the  Finance  Division  for  administrative  examination;    of  the  can- 
celation  of  checks  for  any  proper  cause,  and  reporting  of  same  to  the 
Finance  Division;  of  the  preparation  and  approval  of  indemnifying 
bonds  for   lost  or  destroyed  checks  and   the  issuing  of   duplicate 


REGULATIONS   GOVERNING   PENSION   BUREAU.  5 

checks  in  lieu  thereof;  of  the  preparation  of  daily  and  monthly 
reports  showing  the  amount  of  payments  by  classes  and  the  daily 
and  monthly  balances;  of  the  changing  of  post-office  addresses  of 
pensioners;  and  of  all  correspondence  pertinent  to  that  division. 

19.  Mail  and  Supplies  Division. — Shall  have  charge  of  all  sta- 
tionery, furniture,  typewriters,  and  other  supplies,  and  the  printing, 
binding,  and  engraving  of  all  blanks,  record  books,  pension  certifi- 
cates, etc.,  used  by  the  bureau,  the  special  examiners  in  the  field, 
and  the  examining  surgeons;  shall  issue  supplies  upon  properly  ap- 
proved requisitions,  an  account  being  kept  with  each  division  and 
each  employee  not  assigned  to   a  division;    shall  fill  all  properly 
approved   requisitions    made    by   examining   surgeons    and   special 
examiners  in  the  field;    and  shall  have  charge  and  distribution  of 
the  incoming  and  outgoing  mail. 

20.  Admitted  Files. — Shall  contain  all  cases  in  which  a  certificate 
has  been  issued,  except  those  withdrawn  for  flat  filing.     Cases  shall 
be  filed  in  numerical  order  in  two  series — one  for  the  invalid  and 
the  other  for  the  widow,  minor,  and  dependent  cases. 

21.  Abandoned  Files. — Shall  contain  all  original  claims  which  have 
been  rejected  or  in  which  no  evidence  has  been  filed  for  the  period  of 
one  year  after  call  for  the  same  has  been  made.     Upon  the  receipt 
of  a  claim  in  the  Abandoned  Files  the  word  "  Rejected,"  or,  as  may 
be  appropriate,  "Abandoned,"  shall  be  stamped  on  the  jacket,  and 
a  file  slip  made  and  placed  in  the  pending  files  showing  the  disposition 
of  the  caso. 

CONDUCT  OF  BUSINESS. 

DISCIPLINE. 

22.  All  employees  of  the  bureau,  including  chiefs  and  assistant 
chiefs  of  division,  shall  be  required  to  be  at  their  respective  desks  ready 
for  work  promptly  at  9  o'clock  a.  m.,  and  must  not  leave  until  4.30 
p.  m.,  except  for  the  regular  half  hour  allowed  for  lunch  between 
12.30  and  1  p.  m.,  unless  otherwise  employed  on  official  business,  or 
excused  by  proper  authority.     Absence  at  any  other  time  during 
office  hours  will  be  noted  for  deduction  from  the  leave  allowance. 
Tardiness,  whether  upon  arrival  for  duty  in  the  morning  or  on  return 
after  luncheon,  must  be  reported  in  all  cases  and  proper  action  had 
thereon.     No  preparation  for  departure  shall  be  made  until  12.30 
and  4.30  p.  m. 

23.  Chiefs  of  division  and  principal  clerks,  to  whom  these  rules 
also  apply,  shall  require  clerks  and  employees  under  their  charge  to 
devote  their  time  exclusively  to  the  business  of  the  Government. 
If  there  be  a  superfluous  force  in  any  division  or  room  prompt  report 
thereof  must  be  made  to  the  chief  clerk  in  order  that  such  employees 


6  REGULATIONS   GOVERNING   PENSION   BUREAU. 

may  be  assigned  to  other  work.  Reading  newspapers  and  books  not 
pertaining  to  official  duties,  preparing  private  letters,  and  doing 
other  writing  which  is  irrelevant  to  the  business  of  the  bureau  during 
office  hours  are  prohibited.  Loitering  and  entertaining  visitors  in 
the  court  and  corridors  of  the  building  are  also  strictly  prohibited 
and  disregard  hereof  will  be  considered  sufficient  cause  for  dismissal. 
Those  in  charge  of  the  court  and  corridors  should  report  violations  to 
the  chief  clerk. 

24.  Employees  of  the  bureau  will  not  be  admitted  to  the  office 
rooms  before  8.30  a.  m.  or  after  4.30   p.  m.,    except   upon   passes 
issued  by  the  chief  clerk.     They  shall  be  required  to  leave  the  building 
not  later  than  5  p.  m.,  unless  they  have  passes  from  the  chief  clerk 
permitting  their  presence  in  the  building  after  that  hour.     All  desks 
must  be  left  in  a  neat  and  orderly  condition  when  vacated  at  the  close 
of  the  day's  business. 

25.  Personal  visits  to  or  by  clerks  during  office  hours  on  other  than 
official  business  will  not  be  permitted.     When  such  visit  is  necessary 
a  clerk  must  obtain  from  the  chief  of  his  division  a  permit  for  his 
temporary  absence  and  present  the  same  to  the  chief  of  the  division 
visited.    Violations  of  this  rule  shall  be  reported  to  the  commissioner. 

26.  Female  clerks  of  the  bureau  will  not  be  permitted  upon  the 
fourth  floor  of  the  building  at  any  time. 

27.  The  only  parts  of  the  Pension  Building  which  are  open  to 
visitors  during  business  hours  are  the  court,  the  corridors  011  the 
first  and  second  floors,  and  the  rooms  of  the  commissioner,  deputy 
commissioner,  and  chief  clerk.     No  persons,  under  any  pretext,  shall 
be  allowed  to  enter  the  rooms  occupied  by  the  clerical  force  during 
working  hours.     If  for  any  good  reason  it  is  deemed  advisable  to  send 
a  visitor  to  a  division  to  see  a  clerk,  the  name  of  the  clerk  shall  be 
written  on  a  card  and  the  visitor  shall  be  permitted  to  see  only  such 
employee,  the  chief  of  the  division  taking  up  the  card.     It  is  the 
intention  that  a  card  shall  entitle  the  bearer  to  visit  but  one  division. 
As  a  rule  visitors  shall  not  be  permitted  to  see  employees  during  work- 
ing hours,  except  in  special  cases,  and  then  only  upon  application  to 
and  permission  granted  by  the  chief  clerk.     All  persons  not  employed 
in  the  bureau  who  desire  to  see  any  of  the  employees  therein  shall  be 
referred  by  the  watchmen  to  the  chief  clerk. 

28.  No  interview  for  the  purpose  of  obtaining  information  in  con- 
nection with  claims  on  file  in  this  bureau  shall  be  granted  by  any 
employee  (except  to  other  clerks  in  the  course  of  official  business) 
without  the  permission  of  the  commissioner,  deputy  commissioner, 
or  chief  clerk,  and  no  information  touching  the  conduct  and  operation 
of  the  bureau  shall  be  furnished  the  press,  or  other  persons  not  enti- 
tled thereto,  by  special  examiners  in  the  field  or  clerks  in  the  bureau 
proper.     Whenever  any  information  of  an  official  character  is  sought 


REGULATIONS   GOVERNING   PENSION   BUREAU.  7 

by  a  member  of  the  press  or  other  person  he  should  be  told  that  the 
Bureau  of  Pensions  is  always  open  and  that  his  inquiry,  if  addressed 
to  the  commissioner,  will  receive  proper  consideration. 

29.  Official  papers  emanating  from  the  office  of  the  Secretary  of 
the  Interior,  or  any  information  therefrom,  shall  not  be  given  to 
the  public  in  or  through  the  subordinate  offices  of  the  department. 
Proper  facilities  and  privileges  will  be  afforded  in  the  Secretary's 
office  for  the  promulgation  of  such  matters  of  public  interest  as  it 
may  be  desirable  to  publish.     This  order  is  not  intended  to  interfere 
with  the  furnishing  of  decisions  for  such  periodicals  as  make  a  spe- 
cialty of  publishing  them. 

30.  Papers  from  the  files  of  the  bureau  must  not  be  intrusted  to 
anyone  not  an  employee  of  the  bureau  to  carry  from  one  division  to 
another  or  from  one  room  to  another. 

31.  Employees  must  not  undertake  to  advise  or  direct  claimants 
for  what  disabilities  they  shall  claim  pension  in  order  to  insure  the 
success  and  passage  of  their  claims.     The  bureau  is  not  established 
as  a  claim  agency,   and  he  who  prosecutes,  or  seeks  to  prosecute 
pension  claims,  must  do  so  from  the  outside.     Offenses  of  this  char- 
acter are  unpardonable,  and  their  occurrence  under  any  circumstances 
will  not  be  tolerated  or  overlooked. 

32.  Conversing  with  outside  parties  relative  to  business  under  the 
supervision  of  the  bureau  or  department  is  strictly  forbidden. 

33.  It  is  to  be  expressly  understood  that  promotions  shall  be  based 
purely  upon  merit.     Outside  influence  interferes  with  the  proficiency 
of  the  service.     If  the  commissioner  has  reason  to  believe  that  a  clerk 
has  resorted  to  outside  influence  to  secure  his  advancement  it  will  be 
noted   to   his   discredit.     Personal   applications   for   promotion   are 
annoying  and  consume  much  time  which  should  be  devoted  to  official 
business.     Employees  will  materially  forward  their  chances  for  pro- 
motion by  strict  attention  to  their  duties. 

34.  The  throwing  of  lunches,  lemon  and  orange  peel,  etc.,  out  of 
the  windows  or  over  the  balconies  is  forbidden.     Remains  from  lunches 
and  other  refuse  matter  shall  be  placed  in  proper  receptacles  which 
are  on  the  corridors  for  that  purpose.     Nothing  is  to  be  put  in  the 
waste  basket  except  waste  paper.     Mixing  broken  glass  and  other 
refuse  matter  with  the  waste  paper  is  a  serious  menace  to  those  em- 
ployed in  packing  it  and  will  be  summarily  punished. 

On  the  first  of  every  month  the  desk  of  each  employee,  the  ward- 
robes, and  other  furniture  shall  be  thoroughly  cleaned  out,  and  all 
papers,  books,  wearing  apparel,  and  other  articles  which  do  not  per- 
tain to  official  duties,  or  which  are  not  necessary  to  the  welfare  or 
comfort  of  the  employee  shall  be  placed  on  the  corridor  outside  of  the 
division,  so  that  the  superintendent  may  remove  them ;  and  at  all 
times  the  desks  shall  be  kept  in  such  orderly  and  cleanly  condition. 
Barricades  and  screens  must  not  be  allowed  on  top  of  the  desks. 


8  REGULATIONS   GOVERNING  PENSION   BUREAU. 

Chiefs  of  division  are  charged  with  the  inspection  of  desks  and 
required  to  enforce  strictly  the  provisions  of  this  section. 

35.  Smoking  on  the  fourth  floor  and  in  the  basement  of  the  Pension 
Building   and   in  the  working  and  toilet  rooms  is  prohibited  at  all 
times;  it  is   allowed  in  the  open    court  (not  set   aside  for  working 
purposes)  and  in  the  corridors  before  9  o'clock  a.  m.,  after  4.30  o'clock 
p.  m.,  and  during  the  lunch  hour.     Chiefs  of  division  should  by  ex- 
ample and  precept  enforce  this  rule. 

36.  Employees  of  this  bureau  shall  be  paid  only  when  their  divisions 
are  paid.     When  they  are  on  leave  or  an  emergency  arises,  payment 
may  be  made  on  permission  granted  by  the  chief  clerk. 

37.  The  Pension  Bureau  shall  not  be  used  as  a  collecting  agency, 
or  as  a  refuge  for  any  employee  who  deliberately  contracts  debts 
upon  the  strength  of  his  official  position  and  then  neglects  to  pay 
the  same.     Gross  or  habitual  commercial  misconduct  of  an  employee 
must  be  regarded  as  inconsistent  with  the  qualities  of  character  es- 
sential to  honorable  public  service  and  shall  be  treated  accordingly. 

38.  The  use  of  the  telephone  for  private  messages  is  prohibited 
except  in  case  of  great  emergency,  such  as  death,   sickness,   fire, 
accident,  and  the  like,  and   then  only  on  permission  of   the  chief 
clerk.      When  permission  is  granted,  the  operator  shall  be  informed 
that  the  message  is  a  private  one,  and  it  shall  not  be  allowed  by  the 
operator  to  take  precedence  of  any  pending  official  message,  and  it 
should  be  transmitted  through  the  division  telephone.     Pay  stations 
are  installed  through  which  personal  business,  when  necessary  during 
office  hours,  may  be  transacted. 

39.  Special  examiners  must  comply  with  the  rule  requiring  that  all 
official  communications  intended  for  this  bureau  shall  be  addressed 
to  the  Commissioner  of  Pensions. 

40.  Solicitations   of   money  from   employees   of   this   bureau   for 
political  purposes  are  improper  and  forbidden,   and  all  employees 
are  advised  to  pay  no  regard  to  them. 

41.  In  the  distribution  of  the  messenger  force  of  this  bureau  the 
quota  of  said  force  in  each  division  shaR,  after  assignment,  be  entirely 
under  the  charge  of  the  respective  chiefs,  who  shall  make  a  report 
as  to  their  presence  or  absence  daily  in  connection  with  the  forces 
of  said  divisions. 

42.  Messengers  must  report  to  their  respective  rooms  promptly 
at  8.45  a.  m.  each   morning  and  at  once  open  the  windows  in  the 
working  rooms  of  the  bureau,  keeping  them  open  for  10  minutes  and 
closing  them  promptly  at  tap  of  the  five-minute  bell.      They  are 
also  required  to  see  that  the  working  rooms  are  thoroughly  aired 
by  opening  the  windows  for  three  minutes  at  11  a.  m.  and  3  p.  m., 
the  windows  to  be  opened  and  closed  on  the  tap  of  the  bell.     Chiefs 


BEGULATIONS   GOVERNING   PENSION   BUREAU.  9 

of  division  should  see  that  the  ventilation  of  the  working  rooms 
under  their  charge  at  the  times  above  stated  is  properly  attended 
to.  Before  leaving  the  bureau  in  the  evening,  messengers  shall 
see  that  the  awnings  are  pulled  up  and  all  windows  closed  and 
fastened,  carefully  noting  that  the  upper  sashes  are  secured,  so 
that,  in  the  event  of  a  suiden  storm  after  office  hours,  no  damage 
will  be  done.  It  is  not  a  part  of  the  messengers'  duties  to  carry 
private  messages  from  one  part  of  the  building  to  another,  and 
such  practice  is  prohibited. 

GENERAL  AS  TO  ALL  DIVISIONS. 

43.  a.  When  a  communication  or  inquiry  as  to  any  pension  claim 
shall  furnish  no  clue  to  the  identification  of  said  claim  other  than  the 
name  of  the  claimant,  the  Mail  and  Supplies  Division  shall  return 
such  communication  to  4he  writer  with  a  request  for  additional  data, 
but  no  return  penalty  envelope  shall  be  sent  to  the  writer  unless  the 
matter  to  which  the  inquiry  relates  apparently  affects  the  interests  of 
the  Government. 

6.  Letters  alleging  fraud  on  the  part  of  persons  on  the  pension 
roll,  or  in  claims  for  pension  shall  be  forwarded  to  the  Law  Division 
for  proper  action;  letters  giving  notice  of  death  of  a  pensioner  shall 
be  forwarded  to  the  Finance  Division. 

c.  Calls  for  marriage  circulars  not  with  the  files  must  be  made  on 
Form  3-416  to  the  Mail  and  Supplies  Division,  which  has  the  cus- 
tody of  such  circulars. 

44.  No  supplies  must  be  issued  to  any  division  or  room  in  the 
bureau  unless  a  requisition  signed  by  the  head  of  the  division  or  room, 
or  by  some  one  duly  authorized  to  sign  such  requisition,  shall  be  pre- 
sented to  the  chief  of  the  Mail  and  Supplies  Division. 

45.  Chiefs  of  division  shall  inform  the  chief  clerk  and  assistant  chief 
clerk  of  the  death  of  members  of  their  divisions  at  the  earliest  possi- 
ble date,  giving  the  hour  of  demise  if  known.     This  is  necessary  in 
order  that  the  report  required  by  the  department  may  be  made  with- 
out delay. 

46.  a.  Chiefs  of  division  shall  send  to  the  chief  of  the  Mail  and 
Supplies  Division,  on  the  last  day  of  each  month,  the  names  and  num- 
bers of  the  typewriting  machines  in  their  respective  divisions  and  the 
condition  of  each  by  number. 

I.  A  chief  of  division  must  not  permit  a  typewriting  machine  to  be 
transferred  from  his  division  without  first  having  the  charge  in  the 
Mail  and  Supplies  Division  removed. 

INSTRUCTIONS  BY  CHIEFS  OF  DIVISION. 

47.  All  general  instructions  issued  by  the  chiefs  of  division  for  the 
transaction  of  business  under  their  supervision  shall  be  in  writing 


10  REGULATIONS   GOVERNING   PENSION   BUREAU. 

and  a  copy  thereof  shall  be  sent  to  the  chief  clerk  for  his  information, 
and  he  shah*  communicate  the  same  to  the  chiefs  of  the  other  divisions. 

48.  Any  change  which  is  considered  proper  by  a  chief  of  division 
affecting  the  official  relations  of  employees,  shall  be  first  communi- 
cated by  the  chief  of  division  in  writing  to  the  chief  clerk,  who  shall 
submit  the  same  to  the  commissioner  and  have  his  approval  before 
any  change  shall  take  effect. 

OFFICIAL  COMMUNICATIONS. 

49.  Every  writing  emanating  from  any  division  of  this  bureau 
expressing  official  action,  or  being  in  the  nature  of  an  official  commu- 
nication proper  to  be  signed  by  the  chief  of  the  division,  should  be 
over  his  signature,  written  or  stamped,  and  the  same  shall  show  the 
initials  of  the  person  preparing  the  same.     This  direction  shall  not 
apply  to  the  action  of  an  examiner  or  reviewer  noted  on  a  face  brief. 

50.  In  all  cases  wherein  special  investigation  is  called  for,  the  letter 
suggesting  the  same  shall  be  prepared  with  carbon  copy,  and  both 
original  and  carbon  forwarded  to  the  Special  Examination  Division 
with  the  papers. 

51.  All  correspondence  to  which  the  signature  of  the  commissioner 
shall  be  affixed  by  means  of  a  stamp,  shall  be  finished  and  the  stamp 
affixed  in  the  division  without  sending  it  elsewhere  for  that  purpose. 

52.  If,  in  the  adjudication  of  a  claim  for  pension,  it  be  determined 
that  the  declaration  was  intended  as  a  claim  under  a  different  law 
from  that  under  which  it  is  recorded  in  the  Record  Division,  final 
action  should  not  be  taken  until  the  records  are  corrected  to  show  the 
proper  act.    The  Board  of  Review  and  the  adjudicating  divisions  shall 
see  that  these  instructions  are  complied  with. 

53.  a.  Chiefs  of  division  shall  make  a  daily  report  in  duplicate, 
one  to  the  chief  clerk  and  one  to  the  commissioner,  containing  such 
information  and  in  such  form  and  manner  as  shall  be  required  from 
time  to  time  by  the  commissioner. 

ft.  Chiefs  of  division  shall  in  like  manner  make  a  monthly  report 
of  the  work  in  their  respective  divisions  to  the  chief  clerk. 

54.  a.  Communications  not  relating  to  a  claim  on  file,  or  which 
contain  charges  of  irregularities  or  violations  of  law,  those  relating  to 
claims  under  the  act  of  March  3,  1899,  and  those  (where  there  are 
doubts)  relating  to  attorneyship  and  fee,  shall  be  referred  to  and 
answered  by  the  Law  Division. 

~b.  Communications  relative  to  bounty  land  shall  be  referred  to  the 
Army  and  Navy  Division. 

c.  Communications  relative  to  a  claim  on  file,  unless  otherwise 
provided,  shall  be  forwarded  to  the  proper  adjudicating  division. 

d.  All  letters  reporting  deaths  of  pensioners  shall  be  forwarded  to 
the  Chief  of  the  Finance  Division,  who  shall  make  proper  record  of 


REGULATIONS  GOVERNING  PENSION  BUREAU.  11 

the  death  and  furnish  any  blank  declarations  that  may  be  proper, 
and  in  claims  under  the  act  of  May  11,  1912,  shall  notify  the  Chief  of 
the  Record  Division  by  a  slip  giving  the  name,  service,  and  date  of 
death. 

55.  a.  All  claims  for  pension  shall  be  sent  to  the  Law  Division  for 
examination  as  to  validity  and  sufficiency,  the  official  character  of 
the   authenticating   officer,   and   status   of    attorney.     In   case   the 
applicant  for  pension  announces  the  death  of  a  pensioner,  the  Law 
Division  shall  at  once  send  notice  in  reference  to  same  to  the  Finance 
Division.     Original  applications  for  pension  shall  be  forwarded  by 
the  Law  Division  to  the   Record   Division.     The  Record  Division 
shall,  after  it  has  completed  its  action,  send  such  applications  to  the 
proper  adjudicating  divisions. 

6.  Applications  for  increase  of  pension  shall  be  sent  direct  from  the 
Law  Division  to  the  proper  adjudicating  divisions. 

c.  Claims  for  reimbursement  under  the  act  of  March  2,  1895,  shall 
be  sent  through  the  Law  Division  to  the  Army  and  Navy  Division. 

d.  All  requests  for  blank  applications  for  pension  not  relating  to  a 
particular  case  shall  be  sent  to  the  chief  clerk.     Other  requests  shall 
be  applied  to  the  cases  to  which  they  pertain  for  proper  answer. 

56.  The  division  applying  the  notices  of  death  in  pending  original 
claims  shall  note  the  death  on  the  jacket  with  rubber  stamp  provided 
for  that  purpose. 

57.  When  a  subpoena  is  served  upon  a  special  examiner  on  duty 
in  the  field  requiring  his  attendance  as  a  witness  or  to  assist  in  the 
prosecution  of  a  case  arising  out  of  a  claim  for  pension  under  any  of 
the  United  States  statutes  in  a  Federal  court,  he  shall  comply  there- 
with and  charge  his  transportation  expenses  and  per  diem  as  if  on 
regular  duty,  and  shall  make  prompt  report  of  such  occurrences. 

DECLARATIONS. 

58.  If  a  declaration  for  pension  was  executed  on  the  same  day  the 
soldier  was  mustered  out  of  the  service,  he  shall  be  required  to  file  his 
affidavit  showing  whether  such  declaration  was  sworn  to  by  him  prior 
to  or  after  his  discharge,  unless  such  information  is  set  forth  in  the 
declaration.     This  is  proper  to  determine  the  validity  of  the  declara- 
tion. 

59.  To  give  the  soldier  the  full  benefit  of  the  law  in  his  behalf,  and 
to  promote  the  prompt  and  efficient  adjudication  of  claims,  it  is 
hereby  ordered: 

a.  Hereafter  every  claimant  for  original  invalid  .pension,  or  on 
account  of  a  "new  disability,"  under  the  general  law  (sec.  4692,  R.  S.), 
shall  be  required  to  state  in  the  body  of  the  declaration  each  and  every 
permanent  disability  which  he  claims  he  contracted  in  the  service  in 
line  of  duty,  and  also  to  state  definitely  that  the  disabilities  named 


12  REGULATIONS   GOVERNING   PENSION   BUREAU. 

are  the  only  disabilities  so  contracted.  If  such  statement  be  not 
embodied  in  the  declaration,  the  claimant  shall  be  required  to  make  it 
in  a  supplemental  affidavit  before  a  medical  examination  shall  be 
ordered;  and  this  requirement  shall  also  apply  to  claims  heretofore 
made  and  now  pending,  as  they  shall  be  reached  in  order.  Each  and 
every  disability  of  service  origin  so  named  should  be  dealt  with  as  a 
ground  for  pension. 

&.  All  declarations  and  pieces  of  evidence  when  received  in  the 
bureau  must  be  sent  immediately  to  the  Mail  and  Supplies  Division, 
there  to  be  stamped  with  the  date  of  receipt,  and  from  there  sent  to 
the  proper  division.  The  date  of  receipt  so  stamped  shall  for  all 
purposes  be  regarded  as  the  date  when  such  papers  are  received  in 
the  bureau. 

c.  Where  a  second  document  is  filed  by  the  same  party,  setting 
forth  the  same  facts  as  are  in  another  document  acted  upon,  it  should 
be  disposed  of  as  follows: 

(1)  If  it  be  an  affidavit,  or  some  other  paper  not  amounting  to 
the  dignity  of  a  declaration  or  application,  and  which  is  not  counted 
as  a  pending  case,  it  may  be  ignored  and  a  letter  sent  to  the  claim- 
ant informing  him  of  that  fact. 

(2)  If  it  be  formal  and  counted  as  a  declaration  or  application,  and 
the  benefit  invoked  has  already  been  fully  granted,  it  should  be  dis- 
missed by  the  examiner  on  formal  face  brief,  and  his  action  approved 
by  the  chief  of  division  and  the  claimant  notified. 

60.  a.  The  Law  Division  is  charged  with  passing  upon  the  validity 
and  sufficiency  of  all  declarations,  and  if  a  declaration  appears  to  be 
indefinite,  or  if  there  is  a  question  as  to  its  purport,  it  should  at  once 
be  referred  to  the  Law  Division  for  consideration. 

&.  Said  division  shall  conduct  all  correspondence  in  reference  to 
defective,  indefinite,  or  doubtful  declarations. 

When  a  document  purporting  to  be  a  declaration  is  materially 
imperfect  because  it  does  not  show  under  what  law  the  claim  for 
pension  is  made,  or  for  any  other  reason  it  is  insufficient  in  failing 
to  allege  essential  facts,  the  Law  Division  shall  use  any  information 
it  may  be  able  to  obtain  and  conduct  with  the  person  filing  such 
document  correspondence  necessary  to  cure  any  defect. 

If  the  Law  Division  shall  call  on  the  party  filing  the  document  for 
further  information  and  no  response  is  made  within  60  days  in  the 
continental  United  States,  or  within  six  months  if  the  party  resides 
elsewhere,  such  document  shall  be  treated  as  entirely  invalid  for  the 
purpose  of  a  claim. 

If  such  document  affords  sufficient  information,  it  shall  be  recorded, 
jacketed,  and  numbered  in  the  Record  Division,  being  noted  as 
"  indefinite,"  and  returned  to  the  Law  Division. 


REGULATIONS   GOVERNING  PENSION  BUREAU.  13 

After  the  failure  of  the  party  to  make  response  to  the  demand  of 
the  Law  Division  such  division  may,  on  a  face  brief,  determine  that 
"such  document  is  not  to  be  regarded  as  a  valid  claim  for  any  pur- 
pose whatever." 

If  afterwards  the  same  party  presents  a  claim,  he  shall  first  file  a 
proper  declaration,  and  if  a  pension  be  subsequently  allowed  there- 
under only  that  declaration  shall  be  considered. 

c.  A  declaration  of  a  widow,  although  made  on  a  form  of  declara- 
tion claiming  the  benefits  of  the  act  of  June  27,  1890,  as  amended, 
shall,  if  the  same  was  executed  and  filed  in  the  Bureau  of  Pensions  on 
or  after  April  19,  1908,  be  accepted  and  adjudicated  as  a  claim  under 
the  act  of  April  19,  1908. 

MEDICAL  EXAMINATIONS. 

61.  a.  No  order  for  medical  examination  shall  be  made  in  original 
claims  until  after  the  report  of  the  War  Department  or  of  the  Navy 
Department,  showing  service  of  soldier,  sailor,  marine,  or  other  person 
shall  have  been  called  for  and  received. 

&.  All  orders  for  medical  examination  shall  be  issued  from  the  Med- 
ical Division  and  notice  sent  direct  to  the  claimant,  and  the  attorney 
shall  at  the  same  time  be  notified  of  the  fact  that  the  examination  has 
been  ordered. 

c.  That  the  bureau  may  have  the  benefit  of  the  opinion  of  more 
than  one  board  of  surgeons,  in  any  claim  for  increase  of  pension  the 
claimant,  when  practicable,  shall  be  ordered  for  examination  before 
some  board  of  surgeons  other  than  the  one  by  which  he  was  last 
examined.     Should  another  examination  be  necessary  in  the  adjudi- 
cation of  a  claim  for  original  pension,  the  same  rule  shall  be  observed. 

d.  No  pension  claimant  shall  be  examined  by  the  medical  referee 
or  by  any  surgeon  in  the  bureau  except  upon  the  order  of  the  com- 
missioner. 

e.  In  ordering  medical  examinations  in  invalid  claims  great  care 
shall  be  taken  to  include  all  disabilities  requisite  to  the  proper  adju- 
dication of  the  pending  claim,  so  as  to  avoid  the  additional  expense 
and  delay  both  to  the  claimant  and  the  bureau  of  holding  another 
examination  because  one  or  more  of  the  disabilities  were  omitted  in 
the  order  to  the  board  of  surgeons.     Particular  care  should  be  exer- 
cised to  the  end  that  no  medical  examination  shall  be  ordered  when 
none  is  required  in  the  settlement  of  the  question  under  consideration. 

/.  When  a  claimant  for  original  invalid  pension  on  account  of  a 
new  disability  has  been  once  medically  examined,  another  order  for 
his  medical  examination  shall  not  be  issued  until  the  claim  has  been 
legally  approved. 

g.  When,  in  the  opinion  of  the  medical  referee,  it  would  work  hard- 
ship upon  the  claimant  to  order  him  before  a  medical  examining 


14  REGULATIONS   GOVERNING   PENSION  BUREAU. 

board  or  a  single  surgeon,  he  may,  in  his  discretion,  order  him  before 
a  civil  surgeon. 

Ti.  When  an  order  for  a  home  examination  has  been  issued,  and 
before  its  execution  information  reaches  the  bureau  that  the  applicant 
is  dead,  such  information  shall  at  once  be  transmitted  to  the  medical 
referee  to  the  end  that  the  order  may  be  revoked. 

i.  Claims  which  have  been  legally  approved  and  in  which  orders  for  a 
test  or  another  medical  examination  are  issued,  or  amendments  to  cer- 
tificates are  called  for  by  the  medical  referee,  shall  be  forwarded  direct 
to  the  proper  adjudicating  division  to  await  receipt  of  the  certificate 
or  amendment,  as  the  case  may  be,  and  a  slip  shall  be  prepared  by 
the  Medical  Division  advising  the  Chief  of  the  Board  of  Review  of 
the  division  to  which  the  papers  are  referred. 

j.  Cases  in  which  instructions  have  been  prepared  by  the  medical 
referee  for  special  examination  on  purely  medical  questions  shall  also 
be  forwarded  direct  to  the  proper  adjudicating  division  for  prepara- 
tion and  reference  through  the  Board  of  Review  for  special  examina- 
tion. 

If.  To  give  the  soldier  the  full  benefit  of  the  law  in  his  behalf  and  to 
promote  the  prompt  and  efficient  adjudication  of  claims,  the  medical 
referee  shall  see  that  examining  surgeons  require  each  claimant 
appearing  before  them  to  state  each  and  every  disability  contracted 
in  the  service  from  which  he  believes  himself  to  be  suffering  and 
expressly  to  declare  over  claimant's  signature  that  he  is  not  subject 
to  any  other  disability  of  service  origin  than  those  enumerated.  The 
examining  surgeons  shall  examine  and  report  as  to  all  of  the  disabilities 
named,  as  well  as  any  other  disabilities  disclosed,  whether  alleged  or 
not. 

Z.  When  an  invalid  claim  under  the  general  law  shall  have  been 
rejected  on  the  ground  that  no  ratable  disability  exists,  due  to  the 
cause  or  causes  alleged,  and  a  claim  shall  be  filed  alleging  a  new  dis- 
ability, another  medical  examination  shall  not  be  ordered  as  a  matter 
of  course,  because  the  certificate  of  medical  examination  previously 
made  is  presumed  to  show  the  applicant's  physical  condition  at  that 
time  and  to  disclose  all  the  disabilities  then  existing;  but  a  new 
medical  examination  may  be  ordered  in  the  discretion  of  the  medical 
referee,  when  satisfactory  evidence  shall  have  been  filed  showing  the 
existence  of  such  newly  alleged  disability  and  the  degree  thereof. 

ra.  If  a  claimant  is  unable  to  go  before  a  board  of  examining  sur- 
geons, he  should  file  the  affidavit  of  a  physician  showing  the  cause  of 
his  inability  to  report  to  the  board  for  examination,  the  length  of 
time  such  disability  has  existed,  and  how  long  it  is  likely  to  continue. 
Upon  receipt  of  such  evidence  proper  action  shall  then  be  taken  in  his 
claim. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  15 

n.  Certificates  of  medical  examination  that  have  been  rejected  by 
the  medical  referee  shall  not  be  placed  in  the  brief,  but  with  the  unim- 
portant papers  in  the  jacket. 

o.  In  a  pension  claim  in  which  the  disability  is  of  such  a  nature 
and  the  claimant  of  such  an  age  that  it  is  reasonable  to  presume 
there  may  be  a  considerable  improvement  and  possibly  entire  recov- 
ery, a  notation  should  be  made  on  the  medical  approval  as  to  the 
time  it  is  deemed  advisable  to  have  another  medical  examination  to 
test  the  then  existing  degree  of  disability,  and  a  slip  should  be  sent 
to  the  adjudicating  division,  so  that  the  claim  may  be  drawn  to  con- 
sider the  advisability  of  ordering  such  test  medical  examination.  If, 
however,  during  the  intervening  period  the  claimant  has  been  exam- 
ined for  increase  of  pension,  such  further  investigation  will  probably 
be  unnecessary. 

TESTIMONY  OF  EXAMINING  SURGEONS. 

62.  Examining  surgeons  of  the  bureau  may  testify  in  a  pension 
claim  to  any  matter  within  their  knowledge,  provided  their  infor- 
mation  is   not   acquired   in   their   official   capacity.     They   should, 
however,  state  in  their  certificates  all  information  possessed  by  them 
regarding  the  disabilities  or  treatment  which  they  have  given  any 
applicant  who  is  ordered  before  them  for  examination,  in  this  manner 
acquainting  the  bureau  with  all  facts  within  their  knowledge  and 
relieving   themselves   of   the  burden   and   annoyance   of  furnishing 
affidavits  at  the  solicitation  of  applicants  to  whom  they  have  ren- 
dered treatment. 

ORIGINAL  INVALID  CLAIMS. 

63.  The  following  practice  shall  hereafter  obtain  in  the  adjudication 
of  invalid  claims,  based  on  disability  incurred  in  the  military  or  naval 
service  of  the  United  States,  in  line  of  duty: 

a.  A  full  service  and  medical  history  shall  be  obtained  from  the 
records  of  the  War  or  the  Navy  Department. 

b.  Upon  the  receipt  thereof,  if  the  record  shows  that  the  disability 
alleged  did  not  originate  in  the  service,  and  in  line  of  duty,  the  claim 
should  be  submitted  for  rejection.     If  the  record  be  not  adverse,  the 
usual  calls  shall  be  made  to  establish  the  case  legally,  and  the  claimant 
shall  be  ordered  for  medical  examination.     If  there  be  doubt  whether 
the  record  is  adverse  from  a  medical  standpoint,  the  claim  should  be 
submitted  to  the  Medical  Division,  which  shall  determine  whether  a 
medical  examination  should  be  made.     If  there  be  doubt  whether 
the  record  is  adverse  from  a  legal  standpoint,  the  claim  should  be 
submitted  to  the  Board  of  Review  for  an  advisory  opinion. 

c.  If,  after  the  certificate  of  medical  examination  shall  have  been 
received,   the  examiner  is  unable  to  determine  whether  a  ratable 

76704°— 15 2 


16  REGULATIONS   GOVERNING   PENSION   BUREAU. 

degree  of  disability  is  shown,  an  opinion  from  the  medical  referee 
shall  be  asked  on  that  point. 

d.  Further  calls  shall  be  confined  to  the  disabilities  shown  ratable. 
When  the  case  is  complete,  the  entire  claim  shall  be  submitted  for 
final  adjudication;  that  part  based  on  disabilities  not  shown  ratable 
shall  be  submitted  for  rejection,  subject  to  the  approval  of  the  medical 
referee. 

e.  If  it  be  shown  that  a  ratable  degree  of  disability  does  not  exist 
from  any  cause  alleged,  the  claim  shall  be  submitted  for  rejection  at 
once. 

/.  If  the  claimant  is  unable  to  furnish  the  required  evidence  and  so 
states  over  his  own  signature,  the  claim  shall  be  rejected  on  legal 
grounds. 

INCREASE  CLAIMS. 

64.  a.  7A11  claims  for  increase  shall  be  submitted  to  the  Board  of 
Review  for  final  action. 

6.  Claims  for  increase  of  pension  shall  be  taken  up  for  consideration 
and  action  at  the  earliest  practicable  date  after  their  receipt  in  the 
bureau,  and  orders  for  medical  examination  issued  at  once — unless, 
from  the  nature  of  the  disability  in  any  particular  claim,  and  the 
history  of  the  case  as  shown  by  previous  medical  examinations, 
reasonable  presumption  obtains  that  there  has  been  no  material 
increase  in  pensioner's  disability  since  the  date  of  last  examination. 
In  such  case  the  pensioner  should  be  advised  that  the  propriety  of 
ordering  a  medical  examination  will  be  considered  if  he  shall  furnish 
competent  medical  evidence  showing  definitely  his  physical  condition 
from  all  causes  for  which  he  is  pensioned. 

c.  An  order  for  a  medical  examination  shall  not  be  issued  where  the 
claimant  is  in  receipt  of  the  maximum  rate  for  a  permanent  specific 
disability,  the  rate  in  such  a  case  being  fixed  by  law. 

d.  If  a  pension  under  sections  4692  and  4693,  Revised  Statutes,  has 
been  terminated  to  allow  pension  at  a  higher  rate  under  a  subsequent 
act,  a  medical  examination  shall  not  be  ordered  in  an  application  for 
renewal  and  increase  under  said  sections  of  the  Revised  Statutes, 
except  upon  the  furnishing  of  medical  testimony  as  heretofore  pro- 
vided.    If,  however,  it  can  reasonably  be  presumed  from  the  nature 
of  the  disability  and  the  history  of  the   case   that  the  claimant  is 
entitled  to  a  higher  rate  under  the  general  law  than  the  rate  received 
under  the  subsequent  act,  medical  examination  may  be  ordered  with- 
out medical  testimony. 

e.  If  an  application  for  increase  shall  be  filed  before  a  prior  applica- 
tion for  increase  has  been  disposed  of,  but  subsequent  to  the  medical 
examination  held  thereunder,  an  order  for  a  medical  examination 
should  not  be  issued  without  medical  testimony,  as  heretofore  pro- 
vided, and  pensioner  should  be  so  advised. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  17 

/.  As  a  general  rule  an  order  for  a  medical  examination  should  not 
be  issued  without  medical  evidence  showing  material  increase  in  pen- 
sioned disabilities,  if  pensioner  is  in  receipt  of  $17  per  month,  and  he 
should  be  so  advised.  There  may  be  exceptions  to  this  rule,  and 
each  case  should  be  carefully  considered  on  its  own  merits  before 
action  is  taken  therein. 

g.  Upon  receipt  of  the  medical  testimony  which  may  be  furnished 
in  response  to  the  rules  above  noted,  the  same  shall  be  referred  to  the 
medical  referee  to  determine  the  question  of  the  sufficiency.  If  such 
testimony  is  immaterial  and  does  not  indicate  an  increased  disability, 
the  claim  shall  be  rejected  and  the  claimant  shall  be  so  advised.  If, 
however,  no  testimony  shall  be  filed  in  response  to  the  communication 
from  this  bureau  within  six  months  from  the  date  thereof,  the  case 
shall  be  forwarded  to  the  Admitted  Files  and  carried  on  the  records 
of  the  adjudicating  division  as  an  " Abandoned  increase." 

TL  In  adjudicating  applications  for  increase  of  pension  under  sec- 
tions 4692  and  4693,  Revised  Statutes,  wherein  the  pensioner  is  in 
receipt  of  from  $17  to  $24  per  month,  inclusive,  except  in  cases  of  par- 
tial deafness,  the  testimony  of  the  attending  or  family  physician  show- 
ing the  extent  to  which  the  claimant  is  incapacitated  for  the  perform- 
ance of  manual  labor  by  reason  of  the  disability  alleged,  independent 
of  any  other  disability,  shall  be  called  for.  If  the  claimant  performs 
any  manual  labor  whatever,  the  character  and  amount  must  be  shown. 

i.  In  adjudicating  claims  for  pension  or  increase  of  pension  under 
sections  4692  and  4693,  Revised  Statutes,  the  rates  heretofore  fixed 
shall  be  considered  as  adjudicated  and  noted  upon  the  face  brief,  but 
where  those  rates  in  any  case  aggregate  less  than  $6  per  month,  it 
shall  further  be  noted  that  the  claimant  is  entitled  to  that  rate  under 
the  act  of  March  2,  1895. 

j.  If  a  claim  for  increase  of  pension  is  rejected  the  proper  nota- 
tion shall  be  made  on  the  face  brief,  and  if  the  pension  is  less  than  $6 
per  month  it  shall  also  be  further  noted  that  the  claimant  is  entitled 
to  the  benefit  of  the  act  of  March  2,  1895,  so  that  such  rate  may  be 
named  in  the  certificate  if  for  some  other  reason,  such  as  duplicate 
certificate,  reissue  to  correct  name  or  service,  etc.,  it  is  found  neces- 
sary to  issue  a  new  certificate. 

Ic.  Where,  after  the  rejection  of  a  claim  for  increase,  a  doubt 
exists  as  to  whether  it  was  properly  rejected  and  another  medical 
examination  of  claimant  is  ordered,  such  action  is  in  effect  a  reopen- 
ing of  the  rejected  claim,  which  thereby  becomes  a  pending  claim, 
and  increase  may  be  allowed  from  the  date  of  the  last  examination 
if  warranted  by  the  degree  of  disability  then  existing. 

Z.  Where  a  soldier  dies  leaving  a  pending  claim  for  increase  which 
is  to  be  rejected  on  the  ground  of  no  examination,  or  for  other  cause, 


18  REGULATIONS   GOVERNING   PENSION   BUREAU. 

and  the  widow  files  a  claim  in  her  own  behalf,  the  claim  for  increase 
shall  not  be  adjudicated  until  final  action  is  taken  in  the  widow's 
claim. 

65.  In  all  special  acts  granting  pension  to  widows,  in  which  the 
amount  of  pension  is  fixed  by  the  special  act,  no  increase  shall  be 
allowed  for  minor  children  unless  provided  for  in  said  act,  but  when 
an  additional  pension  is  granted  by  a  special  act  to  a  widow  or 
guardian  on  account  of  a  helpless  child,  such  additional  pension  shall 
in  no  case  affect  the  rate  of  pension  the  widow  may  be  entitled  to, 
independent  of  such  additional  allowance. 

NEW  DISABILITY,  WHEN  NOT  CONSIDERED. 

66.  In  claims  under  sections  4692   and  4693,  Revised  Statutes, 
where  increase  of  pension  is  claimed  by  reason  of  old  disability,  and 
also  by  reason  of  naming  a  new  disability  which  is  not  declared  to 
be  of  service  origin  or  to  be  the  result  of  the  old  disability,  such  new 
disability  shall  be  ignored  and  the  claim  adjudicated  as  if  no  mention 
thereof  had  been  made. 

67.  a.  In  the  adjudication  of  claims  under  the  act  of  March  3, 
1901,    and    amendments    thereof,    the   provisions    of   section    4715, 
Revised  Statutes,  shall  apply. 

ft.  Claimants  shall  have  the  right  of  election  under  that  law  the 
same  as  pensioners  in  other  cases. 

CLAIMS  UNDER  ACT  OF  FEBRUARY  6,    1907,  OR  ACT  OF  MAY   11, 

1912. 

68.  a.  Claims  filed  under  the  act  of  February  6,  1907,  or  the  act 
of  May  11,  1912,  shall  be  classed  and  reported  as  follows: 

i.  Where  no  pension  has  been  allowed  they  shall  be  treated  as 
original,  act  of  February  6,  1907,  or  act  of  May  11,  1912. 

ii.  Where  pension  has  been  allowed  under  any  other  law  they 
shall  be  treated  as  reissue,  act  of  February  6,  1907,  or  act  of  May  11, 
1912. 

iii.  Where  a  certificate  has  issued  under  the  act  of  February  6,  1907, 
or  the  act  of  May  11,  1912,  they  shall  be  treated  as  increase,  act  of 
February  6,  1907,  or  act  of  May  11,  1912,  respectively. 

Z>.  In  the  adjudication  of  claims  all  proper  information  should  be 
called  for  from  the  War  or  the  Navy  Department. 

c.  All  correspondence  seeking  information  as  to  age  from  the  claim- 
ant should  be  by  letter  and  in  accordance  with  the  circumstances  of 
the  particular  case. 

d.  In  the  submission  of  claims  under  the  act  of  February  6,  1907, 
or  the  act  of  May  11,  1912,  the  age  and  date  of  birth  of  the  applicant 
shall  be  noted  by  the  examiner  on  the  face  brief. 


REGULATIONS  GOVERNING  PENSION  BUREAU.  19 

69.  A  declaration  under  the  act  of  May  11,  1912,  which  does  not 
specifically  make  mention  of  disability  or  the  " disability  clause"  of 
the  act,  shall  be  considered  as  a  claim  based  on  age  and  length  of 
service  alone,  unless   it   appears  from  other  papers  filed   that   the 
intention  was  to  claim  under  the  "  disability  clause  "  of  the  act. 

70.  Where  an  application  under  the  act  of  May  11,   1912,  shall 
have  been  adjudicated  as  a  claim  on  account  of  age  and  length  of 
service,  and  the  claimant  upon  receipt  of  notice  of  such  action  shall 
promptly  advise  the  bureau  that  his  purpose  was  to  claim  under  the 
"  disability  clause,"  the  case  shall  be  further  considered  and  his  right 
to  pension  under  said  clause  determined. 

71.  In  arriving  at  a  conclusion  as  to  the  age  of  a  claimant  for  pen- 
sion under  the  act  of  May  11,  1912,  all  the  facts  shown  by  the  record 
should  be  considered.     The  conclusion  as  to  what  the  facts  show  in 
a  particular  case  is  not  to  be  a  guide  or  precedent  in  any  other  case 
except  where  the  facts  are  exactly  parallel.     The  proving  force  of 
the  facts  stated  in  support  of  a  claim  is  to  be  determined  by  their 
weight  and  apparent  credibility.     The  determination  of  such  facts  is 
to  be  arrived  at  by  applying  the  ordinary  rules  obtaining  in  courts  of 
law  for  arriving  at  conclusions  of  fact,  from  the  weight  of  the  testi- 
mony adduced,  the  principal  rule  being  that  ordinary  judgment  shall 
be  applied  in  any  case.     The  question  of  fact  is  to  be  determined  by 
those  having  charge  of  the  case  in  this  bureau  as  they  would  determine 
any  other  question   of  fact  by  the   application   of  ordinary  good 
sense  such   as   intelligent  men  use  in  the  common   and  everyday 
affairs  of  life. 

72.  In  determining  the  period  of  service  within  the  meaning  of  the 
act  of  May  11,  1912,  no   deductions   should  be  made   on   account 
of  ordinary  or  veteran  furlough.     Deductions  should   be   made  on 
account  of  absence  without  leave,  or  while  in  desertion,  in  confine- 
ment, or  in  violation  of  military  or  naval  regulations.     Deduction 
shall  be  made  of  the  time  during  which  claimant  was  undergoing 
treatment  in  hospital,  or  otherwise  absent  because  of  an  intentional 
self-inflicted  wound. 

73.  Enlistments    in    volunteer    organizations    (white    or    colored) 
entered  into  in  loyal  States  on  or  before  April  13,  1865,  and  in  other 
States,  the  Territories,  and  the  District  of  Columbia  on  or  before  June 
1,  1865,  were  enlistments  for  the  War  of  the  Rebellion,  and  service 
rendered    thereunder    (in    volunteer   organizations),    is    pensionable 
service  within  the  meaning  of  the  act  of  May  11,  1912  (and  the  kindred 
acts  of  June  27,  1890,  May  9,  1900,  February  6,  1907,  and  April  19, 
1908),  up  to  date  of  discharge,  but  not  beyond  August  20,  1866. 

74.  Enlistments  in  volunteer  organizations  entered  into  in  the  loyal 
States  after  April  13,  1865,  and  in  the  other  States,  the  Territories, 
and  the  District  of  Columbia  after  June  1,  1865,  were  not  enlistments 


20  REGULATIONS   GOVERNING  PENSION   BUREAU. 

for  the  War  of  the  Rebellion,  and  service  rendered  thereunder  is  not 
pensionable  service  within  the  meaning  of  the  acts  named  unless, 
first,  it  is  shown  to  have  had  some  connection  with  the  suppression 
of  the  rebellion,  or  unless,  second,  the  presumption  arises  that  it  had 
some  such  connection  by  reason  of  the  service  being  rendered  in 
hostile  territory,  namely,  the  States  of  Tennessee  prior  to  June  13, 
1865,  and  Virginia,  North  Carolina,  South  Carolina,  Georgia,  Florida, 
Mississippi,  Alabama,  Louisiana,  and  Arkansas  prior  to  April  2,  1866, 
inclusive,  or  the  State  of  Texas  prior  to  August  20,  1866,  inclusive. 

75.  Service  in  the  Regular  Establishment  under  an  enlistment 
prior  to  April  12,  1861,  is  to  be  computed  from  April  12,  1861.     Serv- 
ice rendered  up  to  and  including  July  1,  1865,  under  enlistments  in 
the  Regular  Army,  without  regard  to  the'  date  of  enlistment,  is  pen- 
sionable service  under  the  acts  named,  but  service  rendered  in  the 
Regular  Army  after  said  date,  to  be  pensionable  service  under  said 
acts,  must  be  shown  to  have  had  some  connection  with  the  suppres- 
sion of  the  rebellion.     If  such  service  was  rendered  in  the  disloyal 
States,  named  in  section  74,  it  is  presumed  to  have  been  rendered  in 
connection  with  the  suppression  of  the  rebellion,  and,  hence,  is  pen- 
sionable service  under  the  acts  named  so  long  as  the  service  rendered 
was  in  such  disloyal  States. ' 

76.  Service  rendered  up  to  and  including  July  1,  1865,  under  en- 
listments in  the  Navy,  without  regard  to  the  date  of  enlistment,  is 
pensionable  service  under  the  acts  named,  but  service  rendered  in 
the  Navy  after  July  1,  1865,  to  be  pensionable  service  under  said 
acts,  must  be  shown  to  have  had  some  connection  with  the  suppres- 
sion of  the  rebellion.     If  such  service  was  rendered  in  waters  adja- 
cent to  disloyal  States,  as  heretofore  described,  it  is  presumed  to 
have  been  rendered  in  connection  with  the  suppression  of  the  rebel- 
lion, and,  hence,  is  pensionable  service  under  the  acts  named  so  long 
as  the  service  rendered  was  on  vessels  in  such  waters. 

77.  The   word    "  construed/'    as   used   in   section    4701,    Revised 
Statutes,  is  held  to  mean  "presumed,"  in  the  ordinary  legal  accepta- 
tion of  the  term.     This  construction  is   applicable  to   all  pension 
cases,  including  claims  for  increase  and  original  claims  under  the  act 
of  May  11,  1912.     The  soldier  is  to  be  credited  with  all  the  time  of 
service  up  to  the  date  of  discharge  or  date  of  disbandment.     It  is 
not  required  that  the  soldier  should  show  in  the  first  instance  where 
he  was  up  to  the  date  of  disbandment,  but  the  presumption  stated 
in  the  law  shall  be  held  to  apply;  however,  should  it  appear  in  fact 
that  the  soldier  was  not  with  his  command  or  in  the  service,  then 
the  presumption  would  be  overruled  and  the  true  state  of  facts 
would  control. 

78.  The  adoption  of  any  rules  defining  pensionable  service  shall  not 
of  itself  operate  to  reopen  any  claim  for  pension  heretofore  adjudicated 
in  accordance  with  the  practice  existing  at  the  date  of  its  adjudication. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  21 

79.  In  claims  based  on  the  length  of  service  of  drafted  men,  in  the 
absence  of  record  evidence  showing  the  exact  date  of  service  of 
notice  of  draft,  it  shall  be  presumed  that  notice  was  served  on  the 
last  of  the  10  days  allowed  by  law  for  service  of  such  notice.     If, 
however,   the  evidence  in  the  case  establishes  a  different  date  of 
service  of  notice,  or  if  the  applicant  claims  and  proves  that  notice  was 
in  fact  served  at  an  earlier  date,  such  date  shall  be  accepted.     Pen- 
sionable service  shall  not  be  computed  from  a  date  prior  to  service  of 
notice  of  draft. 

80.  Certificates  hereafter  issued  under  the  act  of  May  11,   1912, 
shall  show  the  rate  to  which  claimant  is  entitled,  as  well  as  the  rate 
and  time  of  commencement  of  any  increase  to  which  he  may  become 
entitled  by  reason  of  advancing  age. 

81.  In  claims  under  the  age  and  service  clause  of  the  act  of  May 
11,  1912,  no  formal  application  shall  be  required  except  in  claims  for 
original  allowance  under  said  act. 

82.  Increase  of  pension  under  the  act  of  May  11,  1912,  shall  com- 
mence from  the  date  the  pensioner  is  shown  by  the  evidence  to  have 
attained  the  age  entitling  him  to  increase. 

83.  In  claims  for  increase  under  the  act  of  May  11,  1912,  adjudi- 
cated prior  to  the  passage  of  the  act  of  March  4,  1913,  wherein  certifi- 
cates have  been  issued  granting  increase  from  date  of  filing  said  claims 
as  provided  by  the  then  existing  law,  the  adjudication  thus  affected 
as  to  date  of  commencement  of  the  increase  thereby  allowed  shall  not 
be  disturbed. 

84.  When  the  exact  date  of  birth  can  not  be  established  by  an 
applicant  for  pension  under  the  act  of  May  11,  1912,  and  amendments, 
the  approximate  date  may  be  fixed  by  the  best  obtainable  evidence. 

85.  Where  it  clearly  appears  that  the  claimant  has  passed  the 
maximum  age  of  75  years  at  the  date  of  filing  his  original  claim,  his 
allegation  as  to  date  of  birth  shall  be  accepted  without  further  proof. 

86.  When  an  increase  is  claimed  and  allowed  under  the  disability 
clause  of  the  act  of  May  11,  1912,  the  increase  shall  commence  from 
the  date  of  filing  the  declaration  or  affidavit  claiming  the  same,  and 
upon  which  declaration  the  claim  is  adjudicated. 

87.  If  an  applicant  for  pension  under  the  act  of  May  11,  1912,  is,  at 
the  time  of  filing  the  claim,  in  receipt  of  a  greater  rate  of  pension 
under  some  other  law  than  he  is  entitled  to  receive  by  reason  of  age 
and  length  of  service  under  this  act,  the  claim  should  be  rejected. 

88.  In  the  consideration  of  claims  under  the  act  of  May  11,  1912, 
as  amended  by  act  of  March  4,  1913,  if  it  be  found  by  the  reviewers 
that  the  applicant  has  not  reached  a  beneficial  age,  when  adverse 
action  is  taken  the  accepted  date  of  birth  should  be  included  in  the 
approval  on  the  face  brief.     When  the  claimant  is  notified  of  the 


22  REGULATIONS   GOVERNING   PENSION   BUREAU. 

adverse  action,  he  must  also  be  advised  of  the  date  of  birth  indicated 
by  the  evidence.  The  date  of  birth,  as  thus  determined,  shall  govern 
future  action,  unless  it  is  subsequently  clearly  shown  that  the  deter- 
mination was  erroneous. 

89.  a.  Immediately  upon  the  receipt  of  a  request  from  a  pensioner 
for  increase  under  the  act  of  May  11,  1912,  as  amended  by  the  act  of 
March  4,  1913,  the  papers  in  the  case  shall  be  drawn  and  examined  for 
the  purpose  of  determining  whether  he  is  a  pensioner  under  the  said 
act  and  whether  there  is  basis  for  increase  thereunder.     If  it  be  shown 
that  he  is  a  pensioner  under  said  act  at  an  age  less  than  75  years,  such 
request  shall  be  filed  in  the  order  of  date  of  receipt  and  shall  be  taken 
up  for  consideration  in  the  proper  order. 

&.  If  a  pensioner  is  not  on  the  rolls  under  the  act  of  May  11,  1912, 
appropriate  response  shall  be  made  to  the  request  at  once. 

90.  a.  When  a  pensioner  under  the  act  of  May  11,  1912,  whose 
claim  has  not  been  adjudicated  under  the  act  of  March  4,  1913,  calls 
up  his  case  by  letter  or  otherwise,  and  it  is  indicated  by  his  statement 
or  the  papers  in  the  case  that  he  will  reach  the  next  beneficial  age 
within  three  months  from  the  date  when  his  communication  comes  to 
hand,  steps  should  be  taken  to  reissue  his  certificate,  without  unnec- 
essary delay,  to  allow  the  benefit  of  the  automatic  increase  of  rates. 

6.  When  such  communications  are  received  where  the  attainment 
of  the  next  beneficial  age  is  more  than  three  months  in  the  future,  the 
adjudicating  divisions  shall  keep  such  memoranda  of  the  cases  in 
question  as  shall  enable  the  bureau  to  take  them  up  for  adjudication 
at  the  proper  time  without  further  notice  from  the  claimant. 

91.  a.  Where  the  year  of  a  pensioner's  birth  has  been  established 
or  fixed,  or  can  now  be  fixed  to  the  satisfaction  of  the  bureau  from 
evidence  on  file  in  his  claim  under  this  or  any  other  law  or  ruling,  such 
year  shall  be  accepted  without  placing  a  further  burden  upon  the 
claimant  by  requiring  cumulative  evidence. 

6.  The  year  being  settled,  claimant's  sworn  statement  as  to  day 
and  month  may  be  accepted. 

c.  When  a  letter  of  rejection  is  written,  if  the  facts  indicate 
that  he  will  in  future  reach  a  beneficial  age,  he  should  be  advised  of 
his  right  to  execute  and  file  another  claim  at  the  proper  time. 

92.  Form  of  letter  to  be  used  where  applicant  will  in  future  reach 
an  age  entitling  him  to  a  beneficial  rating: 

Your  claim  for  pension  under  the  act  of  May  11,  1912,  based  on  age  and  length  of 

service,  is  rejected  on  the  ground  that  you  are  receiving  under  another  law  $ 

per  month,  which  is  a  greater  rate  than  you  are  entitled  to  receive  on  account  of 
age  and  length  of  service. 

When  you  reach  the  age  of years,  which  it  appears  will  be (date), 

you  will  be  entitled  to  a  beneficial  rate  for  age  and  length  of  service,  and  will  then 
be  at  liberty  to  execute  and  file  another  claim. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  23 

93.  If  the  applicant  was  at  the  time  of  filing  his  claim  under  the 
act  of  May  11, 1912,  and  amendment  of  March  4,  1913,  receiving  under 
another  law  the  same  rate  he  was  entitled  to  receive  under  said  act, 
the  claim  should  be  rejected.     If  he  has  since  filing  reached  an  age 
that  would  entitle  him  to  a  greater  rate,  certificate  should  issue. 

Should  the  applicant,  after  he  has  been  notified  of  the  rejection, 
state  that  he  desires  a  certificate  should  issue  under  said  act,  even 
though  it  confers  no  benefit,  the  claim  should  be  reopened  for  further 
consideration. 

The  letter  to  be  used  may  be  in  the  following  form : 

Your  claim  for  pension  under  the  act  of  May  11,  1912,  is  rejected  on  the  ground 

that  you  are  now  receiving  under  another  law  $ per  month,  which  is  the  same 

rate  you  are  entitled  to  receive  on  account  of  age  and  length  of  service. 

When  you  reach  the  age  of  —  years,  you  will  be  entitled  to  an  increase  of  pension 
on  account  of  age  and  length  of  service,  and  will  then  be  at  liberty  to  make  written 
request  for  the  beneficial  rate. 

94.  Whenever  the  chief  of  a  division  or  an  employee  of  this  bureau 
obtains  information  that  one  who  is  now  a  pensioner  because  of  age 
and  service  is  entitled  to  a  higher  rate,  such  information  should  be 
used  and  the  pensioner  rated  according  to  his  age  and  service,  even 
if  a  letter  be  not  received  or  other  notice  given. 

95.  Where,  in  a  claim  under  the  disability  clause  of  the  act  of 
May  11,   1912,   the  disability  shown  as  of  service  origin  by  other 
documents  on  file  appears  to  be  of  such  a  nature  as  to  warrant  the 
presumption  that  claimant  is  entitled  to  the  benefit  of  the  "  disability 
clause/'  an  order  for  medical  examination  may  issue  at  once  by  the 
medical  referee  without  requiring  further  medical  evidence. 

96.  In  cases  under  the  disability  clause  of  the  act  of  May  11,  1912, 
wherein  the  presumption  indicated  in  the  prior  section  does  not 
obtain,  the  testimony  of  the  attending  or  family  physician  shall  be 
required,  showing  the  extent  to  which  the  claimant  was  incapacitated 
for  the  performance  of  manual  labor  by  reason  of  disabilities  shown 
of  service  origin  (naming  them),  independent  of  any  other  disability, 
on  the  date  of  filing  the  application. 

97.  An  order  for  medical  examination  shah1  not  issue  in  cases  where 
the  claimant  is  in  receipt  of  a  pension,  or  was  a  pensioner  under  the 
general  law  on  account  of  a  specific  disability,  where  no  complications 
are  alleged  and  shown. 

98.  a.  All  claims  for  pensions  under  the  disability  clause  of  the 
act  of  May  11,  1912,  shall  be  submitted  to  the  Board  of  Review  for 
approval  for  disabilities  established  as  of  service  origin,  as  well  as 
for  consideration  and  approval  for  age  and  length  of  service.     If 
approved  for  disabilities  and  not  allowed  at  the  maximum  rate  for 
age  and  length  of  service,  the  board  shall  forward  cases  to  the  Medi- 
cal Division  for  issuance  of  order  for  medical  examination,  or  for  re- 
jection, as  the  case  may  be. 


24  REGULATIONS   GOVERNING   PENSION   BUREAU. 

b.  The  Medical  Division  shall  be  the  sole  judge  as  to  the  sufficiency 
of  the  evidence  submitted  to  warrant  a  medical  examination,  or  to 
establish  the  degree  of  disability. 

c.  If  an  order  for  medical  examination  is  issued,  the  case  shall  be 
returned  to  the  adjudicating  division  to  await  the  receipt  of  the 
certificate  of  medical  examination.     Upon  receipt  of  such  certificate 
the  case  shall  be  returned  to  the  Board  of  Review  for  current  date 
and  thence  to  the  Medical  Division  for  medical  action. 

d.  If  an  order  for  medical  examination  is  not  warranted,  rejection 
shall  be  made  by  the  Medical  Division  and  the  papers  returned  to 
the  Board  of  Review.     If  further  evidence  is  deemed  necessary  by 
the  medical  referee  before  taking  action,  the  papers  shall  be  returned 
to  the  Board  of  Review,  indicating  the  character  of  the  evidence 
required,  and  the  board  shall  transmit  the  case  to  the  adjudicating 
division  to  call  for  such  evidence. 

99.  In  all  claims  rejected  by  the  Board  of  Review  under  the  dis- 
ability clause  of  the  act  of  May  11,  1912,  and  coming  up  for  consid- 
eration for  reopening,  with  a  view  to  issuing  an  order  for  medical 
examination,  formal  action  of  reopening  shsll  be  taken  by  the  chief 
of  the  proper  adjudicating  division  and  indicated  on  a  reopening 
face  brief,  and  when  the  claim  is  ready  for  action  by  the  Medical 
Division  the  papers  shall  be  submitted  for  the  action  of  that  division 
on  the  same  face  brief. 

CALLS  UPON  THE  CENSUS  BUREAU. 

100.  a.  In  claims  for  pension  where  age  is  a  factor  and  is  in  ques- 
tion, where  the  evidence  relating  thereto  is  conflicting  and  the  age 
can  not  otherwise  be  satisfactorily  determined,  calls  may  be  made 
upon  the  Census  Bureau  for  information  as  to  age.     Proper  informa- 
tion from  the  Census  Bureau  may  be  called  for  in  any  case.     Such 
calls  shall  be  made  only  by  direction  of  the  Board  of  Review  or  of  the 
commissioner. 

6.  In  submitting  a  case  to  the  Board  of  Review  which  the  examiner 
believes  may  require  a  call  upon  the  Census  Bureau  to  aid  in  the 
proper  determination  of  the  age,  a  memorandum  to  that  effect 
should  be  attached  underneath  the  face  brief  by  the  examiner. 

CLAIMS  UNDER  FIRST  SECTION  OF  JOINT  RESOLUTION  OF  JULY  1, 

1902. 

101.  Upon  the  receipt  of  any  request  of  a  claimant  for  readjudica- 
tion  of  his  invalid  claim  to  pension  under  the  resolution  named,  the 
case  shall  be  drawn  from  the  files  and  the  soldier  advised  by  the 
bureau  to  file  an  affidavit  for  the  purpose  of  identification  and  for  a 
proper  readjudication  of  his  claim  (except  in  cases  where  declarations 


REGULATIONS   GOVERNING   PENSION   BUREAU.  25 

under  the  said  joint  resolution  have  already  been  filed),  setting  forth 
the  number  of  his  former  pension  certificate,  the  Union  and  Con- 
federate service  rendered  by  him  during  the  War  of  the  Rebellion, 
whether  he  rendered  any  military  or  naval  service  either  before  or 
since  said  war,  the  nature  of  the  permanent  disabilities  from  which 
he  suffered  at  the  time  of  dropping  his  name  from  the  roll,  and  whether 
the  same  were  due  to  vicious  habits;  his  occupation  and  place  of  his 
residence  since  that  time,  and  his  present  post-office  address. 

102.  In  the  claims  of  widows  and  minors,  where  no  declaration 
under  the  joint  resolution  has  been  filed,  a  like  affidavit  shall  be  called 
for,  setting  forth  the  number  of  the  former  pension  certificate,  of 
services  rendered  by  the  soldier,  whether  the  widow  has  remarried 
since  the  date  of  dropping  her  name  from  the  rolls,  and  whether  all  the 
minor  children  are  still  living. 

103.  In  widows'  and  minors'  cases  it  must  be  shown  by  evidence 
whether  title  has  lapsed  by  reason  of  remarriage  of  the  widow  or 
death  of  the  minor  children. 

104.  The  joint  resolution  does  not  for  purposes  of  accrued  pensions 
under  the  act  of  March  2,  1895,  revive  the  pension  of  a  former  pen- 
sioner or  make  pending  any  claim  of  an  applicant  for  pension  who 
died  prior  to  the  passage  of  the  joint  resolution. 

CLAIMS  UNDER  ACT  OP  MARCH  3,   1899. 

Claims  for  division  of  pension  under  the  act  of  March  3,  1899,  will 
be  adjudicated  in  accordance  with  the  following  rules: 

105.  Claimants  will  be  required  to  file  with  their  declarations  proof 
in  support  thereof  sufficient  to  establish  a  prima  facie  case  under  the 
law. 

106.  a.  When  a  claim  is  filed  under  the  act  of  March  3,  1899,  Form 
No.  3-945  shall  be  filled  out  and  forwarded  to  the  proper  adjudicat- 
ing division,  where  it  shall  be  placed  in  the  files,  and  thereafter  all  evi- 
dence received  in  the  adjudicating  division  in  the  claim  under  the  act 
cited  shall  be  at  once  forwarded  to  the  Law  Division. 

6.  When  the  claim  under  the  act  of  March  3,  1899,  shall  have  been 
finally  disposed  of  the  adjudicating  division  shall  be  so  informed  and 
directed  to  destroy  the  said  notice. 

107.  Where  the  claim  is  filed  by  the  wife,  alleging  that  the  pensioner 
has  deserted  her  for  a  period  of  over  six  months  subsequent  to  March  3, 
1899,  and  prior  to  the  execution  and  filing  of  the  declaration,  the 
declaration  must  be  accompanied  by  evidence  showing  that  she  is 
the  wife  of  the  pensioner;  that  the  pensioner  has  deserted  her  for 
the  period  alleged  in  the  declaration;  and  that  she  is  a  woman  of 
good  moral  character  and  in  necessitous  circumstances. 

108.  Where  the  claim  is  filed  by  a  wife,  alleging  that  the  pensioner 
is  an  inmate  of  a  State  home  for  soldiers  or  sailors,  the  declaration 


26  REGULATIONS  GOVERNING  PENSION  BUREAU. 

must  be  accompanied  by  evidence  showing  that  the  claimant  is  the 
wife  of  the  pensioner;  that  she  is  a  woman  of  good  moral  character; 
that  she  is  in  necessitous  circumstances;  and  that  she  is  not  also 
an  inmate  of  the  same  institution  or  of  some  home  provided  for  the 
wives  and  children  of  soldiers  and  sailors. 

109.  Where  the  claim  is  filed  by  the  wife,  alleging  that  the  pen- 
sioner is  an  inmate  of  a  National  soldiers'  home,  the  declaration 
must  be  accompanied  by  evidence  showing  that  the  claimant  is  the 
wife  of  the  pensioner;  that  she  is  a  woman  of  good  moral  character; 
and  that  she  is  in  necessitous  circumstances. 

110.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minor  child  or 
children,  under  16  years  of  age,  of  a  pensioner,  alleging  that  pensioner 
has  deserted  said  child  or  children,  the  declaration  must  be  accom- 
panied by  evidence  showing  the  marriage  of  the  parents;  the  date 
of  birth  of  each  child;  death  or  divorce  of  the  mother  of  the  minor 
child  or  children,  or  that  she  has  no  title  under  the  said  act;  that 
the  pensioner  has  deserted  such  child  or  children  for  the  period 
alleged;  and  in  the  event  of  the  death  or  divorce  of  the  mother  of 
the  minor  child  or  children,  that  the  pensioner  had  not  remarried 
prior  to  the  statutory  date  of  desertion,  or  that  his  present  wife 
has  no  title  under  said  act. 

111.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minor  child 
or  children,  under  16  years  of  age,  of  the  pensioner,  alleging  that 
the  pensioner  is  an  inmate  of  a  State  home  for  soldiers  or  sailors, 
the   declaration   must   be  •  accompanied   by   evidence   showing   the 
marriage  of  the  parents;  the  date  of  birth  of  each  child;  the  death 
or  divorce  of  the  mother  of  the  minor  child  or  children,  or  that  she 
has  no  title  under  the  act  of  March  3,  1899;  in  the  event  of  the  death 
or  divorce  of  the  mother,   that  the  pensioner  had  not  remarried 
prior  to  the  statutory  date  of  entrance  into  the  home,  or  that  his 
present  wife  has  no  title  under  said  act;  and  that  the  children  are 
not  also  inmates  of  the  same  institution  or  of  some  home  provided 
for  the  wives  and  children  of  soldiers  and  sailors. 

112.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minor  child 
or  children,  under  16  years  of  age,  of  the  pensioner,  alleging  that 
the  pensioner  is  an  inmate  of  a  National  soldiers'  home,  the  declara- 
tion must  be  accompanied  by  evidence  showing  the  marriage  of 
the  parents;  the  date  of  birth  of  each  child;  the  death  or  divorce 
of  the  mother  of  the  minor  child  or  children,  or  that  she  has  no  title 
under  the  act  of  March  3,  1899;  and,  in  the  event  of  the  death  or 
divorce  of  the  mother,  that  the  pensioner  had  not  remarried  prior 
to  the  statutory  date  of  entrance  in  the  home,  or  that  his  present 
wife  has  no  title  under  said  act. 

113.  Where  the  claim  is  filed  by  or  on  behalf  of  a  permanently 
helpless  and  dependent  child  of  a  pensioner,  alleging  that  pensioner 


REGULATIONS   GOVERNING   PENSION   BUREAU.  27 

has  deserted  such  child,  the  declaration  must  be  accompanied  by 
evidence  showing  the  marriage  of  the  parents;  the  date  of  birth  of 
the  child;  the  death  or  divorce  of  the  mother  of  the  child,  or  that 
she  has  no  title  under  the  said  act;  that  the  pensioner  has  deserted 
such  child  for  the  period  alleged;  that  the  child  is  permanently 
helpless  and  dependent;  and  in  the  event  of  the  death  or  divorce 
of  the  mother  of  such  child,  that  the  pensioner  had  not  remarried 
prior  to  the  statutory  date  of  desertion,  or  that  his  present  wife  has 
no  .title  under  said  act. 

114.  Where  the  claim  is  filed  by  or  on  behalf  of  the  permanently 
helpless  and  dependent  child  of  a  pensioner,  alleging  that  the  pen- 
sioner is  an  inmate  of  a  State  home  for  soldiers  or  sailors,  the  decla- 
ration must  be  accompanied  by  evidence  showing  the  marriage  of 
the  parents;  the  date  of  birth  of  the  child;  the  death  or  divorce  of 
the  mother  of  such  child;  that  such  child  is  permanently  helpless 
and  dependent;  in  the  event  of  the  cfeath  or  divorce  of  the  mother 
of  said  child,   that  the  pensioner  had  not  remarried  prior  to  the 
statutory  date  of  entrance  into  the  home,  or  that  his  present  wife 
has  no  title  under  said  act;  and  that  said  child  is  not  also  an  inmate 
of  the  same  institution  or  of  some  home  provided  for  the  wives  and 
children  of  soldiers  and  sailors. 

115.  Where  the  claim  is  filed  by  or  on  behalf  of  a  permanently 
helpless  and  dependent  child  of  a  pensioner,  alleging  that  the  pen- 
sioner is  an  inmate  of  a  National  soldiers'  home,  the  declaration 
must  be   accompanied   by   evidence  showing   the  marriage   of   the 
parents;  the  date  of  birth  of  the  child;  the  death  or  divorce  of  the 
mother  of  such  child;  that  she  has  no  title  under  the  act  of  March 
3,  1899;  that  such  child  is  permanently  helpless  and  dependent;  and, 
in  the  event  of  the  death  or  divorce  of  the  mother  of  said  child,  that 
pensioner  had  not  remarried  prior  to  the  statutory  date  of  entrance 
into  the  home  or  that  his  present  wife  has  no  title  under  said  act. 

116.  A  declaration,  unaccompanied  by  evidence  as  indicated  herein 
sufficient  to  establish  a  prima  facie  case,  shall  not  be  considered  as 
conferring  any  right  upon  the  claimant,  or  as  serving  notice  upon 
the  bureau  sufficient  to  warrant  the  suspension  or  the  withholding  of 
any  part  of  the  pension  due  or  owing  to  the  pensioner.     Such  a  decla- 
ration, when  received,  shall  be  promptly  returned  to  the  claimant, 
with  a  statement  indicating  the  evidence  necessary  to  complete  the 
application.     The  evidence  accompanying  such  declaration,  if  any, 
shall  be  retained  in  the  bureau,  and  upon  the  return  of  the  declaration 
with  the  evidence  necessary  to  make  a  prima  facie  case  the  claim 
shall  be  filed  and  jacketed. 

117.  a.  Upon  the  filing  by  the  wife,  minor  child  or  children,  or  by 
the  permanently  helpless  and  dependent  child  of  the  pensioner  of  a 
declaration,  accompanied  by  sufficient  evidence  to  establish  a  prima 


28  REGULATIONS   GOVERNING   PENSION   BUREAU. 

facie  case  under  the  act  of  March  3,  1899,  the  Chief  of  the  Finance 
Division  shall  at  once  be  instructed  to  cause  payment  of  one-half  the 
pension  due  and  unpaid,  and  thereafter  to  become  due  the  pensioner, 
from  the  date  of  statutory  desertion  or  of  entrance  into  a  State  or 
National  soldiers'  home,  and  during  the  pendency  of  the  claim  under 
said  act,  to  be  suspended. 

b.  The  Chief  of  the  Finance  Division,  upon  receipt  of  an  order  to 
suspend  payment  of  one-half  pension  to  a  pensioner,  shall  make  a 
record  entry  of  the  same  and  shall  promptly  acknowledge  receipt 
thereof,  and  thereafter  no  payment  of  the  one-half  pension  shall  be 
made  to  any  person  until  further  directed  by  the  Commissioner  of 
Pensions. 

c.  In  case  the  pensioner  is  an  inmate  of  a  National  soldiers'  home, 
the  treasurer  of  said  home  shall,  on  the  same  date  of  the  order  of  sus- 
pension to  the  Chief  of  the  Finance  Division,  be  duly  advised  through 
the  governor  of  said  home  of  such  order  of  suspension.     If  on  the 
date  of  the  receipt  of  said  order  by  the  treasurer  of  the  home  he  shall 
be  in  possession  of  any  unexpended  pension  money  drawn  in  the 
pensioner's  behalf,  or  to  which  the  pensioner  became  entitled  during 
his  residence  in  said  home  subsequent  to  March  3,  1899,  the  treasurer 
shall  withhold  and  retain  possession  of  one-half  of  such  unexpended 
pension  money,  subject  to  the  future  orders  of  the  Commissioner  of 
Pensions. 

118.  In  all  cases  filed  under  the  act  of  March  3,  1899,  and  allowed, 
the  claimant,  within  the  period  covered  by  title  as  established,  is 
entitled  to  one-half  of  so  much  of  the  unpaid  pension  as  is  due  or 
owing  to  the  pensioner  at  the  date  of  the  filing  of  the  declaration, 
and  covering  the  period  from  the  date  of  the  statutory  desertion, 
subsequent  to  the  passage  of  the  act  of  March  3,  1899,  or  covering 
the  period  from  the  entrance  of  the  pensioner  into  a  State  soldiers' 
or  sailors'  home,  or  a  National  soldiers'  home,  subsequent  to  the  pas- 
sage of  the  act  of  March  3,  1899.     In  cases  of  desertion,  where  the 
desertion  occurred  prior  to  the  passage  of  the  act  of  March  3,  1899, 
the  date  of  statutory  desertion  shall  be  accepted  as  March  4,  1899. 
In  cases  where  the  desertion  occurred  subsequent  to  March  3,  1899 
(the  date  of  the  passage  of  the  act),  the  date  of  the  actual  desertion 
shall  be  accepted  as  the  date  of  the  commencement  of  the  statutory 
desertion.     No  right  can  accrue  to  a  wife  claimant  until  the  pen- 
sioner has  been  in  actual  desertion  for  a  period  of  over  six  months 
prior  to  the  execution  of  her  declaration,  and  no  right  of  application 
by  a  wife,  under  the  act,  can  accrue  on  account  of  desertion,  until 
six  months  have  expired  from  the  date  of  such  desertion. 

119.  In  cases  filed  under  the  act  of  March  3,  1899,  where  the  pen- 
sioner is  an  inmate  of  a  State  soldiers'  or  sailors'  home,  or  a  National 
soldiers'  home,  the  actual  date  of  entrance  into  the  home  subsequent 


REGULATIONS   GOVERNING   PENSION   BUREAU.  29 

to  March  3,  1899,  shall  govern.  If  at  the  date  of  the  passage  of  the  act 
the  pensioner  was  an  inmate  of  a  State  soldiers'  or  sailors'  home  or  a 
National  soldiers'  home,  March  4, 1899,  shall  be  considered  as  the  statu- 
tory date  of  the  pensioner's  entrance  into  the  soldiers'  home,  and  pay- 
ment, if  the  claim  is  allowed,  shall  be  one-half  of  so  much  of  the  pen- 
sion as  remained  unpaid  and  due  and  owing  to  the  pensioner  at  the 
date  of  the  filing  of  the  declaration. 

120.  Where  an  increase  of  pension  is  allowed  a  pensioner  subse- 
quent to  the  allowance  of  a  claim  under  the  act  of  March  3,  1899,  the 
beneficiary  shall  be  entitled  to  one-half  of  only  so  much  of  the  pension 
as  is  due  the  pensioner  covering  the  period  subsequent  to  the  statu- 
tory desertion  established  in  the  claim,  or  subsequent  to  the  date  of 
the  entrance  of  the  pensioner  into  the  soldiers'  home  subsequent  to 
the  passage  of  the  act  of  March  3,  1899,  and  within  the  period  covered 
by  title  as  established. 

121.  As  promptness  in  the  adjudication  of  claims  filed  under  the 
act  of  March  3,    1899,   is  imperative,   to   avoid  vexatious  charges 
against  one  or  the  other,  both  the  claimant  and  the  pensioner  shall 
be  required  to  answer  promptly  calls  made  for  evidence. 

122.  Where  a  prima  facie  case  under  the  act  of  March  3,  1899,  has 
been  filed,  the  pensioner  shall  receive  the  usual  notice  of  the  filing  of 
the  claim,  and  shall  be  allowed  30  days,  as  herein  provided,  from  the 
receipt  of  said  notice,  to  answer  the  allegations  made  therein.     Where 
pensioner  has  made  answer  under  oath,  the  substance  of  his  allega- 
tions, with  the  evidence  filed  in  support  thereof,  if  any,  shall  be  fur- 
nished  the   claimant,   and   thirty  days  allowed  for  reply  thereto. 
Should  the  claimant  fail  to  complete  the  claim,  or  fail  to  give  satis- 
factory reason  for  so  doing,  the  case  should  be  rejected,   on  the 
ground  that  claimant  has  failed  to  establish  title  within  the  meaning 
of  said  act. 

123.  Where  the  pensioner  receives  the  usual  30-day  notice  of  the 
filing  of  the  claim  under  the  act  of  March  3,  1899,  and  fails  to  make 
answer  within  30  days  from  the  receipt  thereof,  he  shall  be  considered 
as  waiving  his  right  of  answer,  and  the  registry  return  receipt  card, 
or  other  evidence,  showing  his  receipt  thereof,  shall  be  considered 
as  proof  of  service  upon  him  of  notice  of  the  filing  of  the  claim  and 
his  waiver  of  answer  thereto. 

124.  Upon  the  adjudication  of  a  claim  under  the  act  of  March  3, 
1899,  the  bureau  shall  promptly  notify  both  parties  of  the  action 
taken,  by  registered  letter,  informing  both  that  30  days  from  the 
mailing  of  said  notice  will  be  allowed  for  the  purpose  of  appealing 
from  the  decision  of  the  bureau,  and  there  shall  be  inclosed,  to  both 
claimant  and  pensioner,  a  copy  of  Rules  of  Practice  in  such  appeals. 
No  payment  shall  be  made  until  the  expiration  of  said  30  days,  unless 
the  right  of  appeal  shall  be  sooner  waived:  Provided,  however,  That 


30  REGULATIONS   GOVERNING   PENSION    BUREAU. 

the  unexplained  failure  of  a  pensioner  to  appear,  answer,  or  in  any 
way  plead  to  the  claimant's  application,  after  due  notice  thereof, 
shall  be  deemed  a  waiver  of  his  right  of  appeal  to  the  extent  that, 
if  the  claim  is  allowed,  final  orders  for  division  of  pension  shall  issue 
at  once. 

125.  Upon  the  filing  of  an  appeal,  in  accordance  with  the  rules  of 
the  department,  payment  shall  be  further  suspended,  pending  the 
decision  of  the  department  upon  the  appeal,  as  required  by  such  rule. 

126.  If  no  appeal  is  filed  within  30  days  from  the  date  of  mailing 
formal  notice  of  bureau  action  to  the  parties,  payment  shall  be  made 
in  all  cases  allowed,  and  suspension  of  payment  shall  be  removed  in 
all  cases  rejected,  and  the  full  amount  of  pension  restored  to  the  pen- 
sioner in  the  last-named  cases. 

127.  Any  and  all  payments  of  one-half  the  pension,  to  any  of  the 
beneficiaries  named  in  the  first  three  provisos  of  said  act  of  March  3, 
1899,  shall  hereafter  be  made  by  and  through  the  disbursing  clerk, 
and,  in  future,  no  payment  shall  be  made  to  any  of  said  beneficiaries 
by  the  treasurer  of  a  National  soldiers'  home,  except  one-half  of  so 
much  of  the  pensioner's  pension  as  shall  be  in  the  hands  of  the  treas- 
urer of  said  home,  and  unexpended,  at  the  date  of  filing  the  claim 
under  said  act,  in  which  case  the  treasurer  shall  withhold  and  dis- 
burse upon  the  order  of  the  Commissioner  of  Pensions. 

128.  Applications  for  reconsideration  or  reopening  of  the  bureau 
action  in  cases  under  the  first,  second,  or  third  provisos  of  the  act 
of  March  3,  1899,  should  be  in  the  form  of  a  motion,  or  petition, 
stating  briefly,  but  specifically,  the  grounds  upon  which  the  applica- 
tion is  based,  and  which,  if  true,  would  warrant  a  modification  or 
reversal  of  the  bureau  action.     The  motion  should  be  accompanied 
by  evidence  sufficient,  if  true,  to  establish  the  grounds  for  reconsid- 
eration, or  reopening,-  relied  upon  by  the  applicant,  and  by  due  proof 
of  service  of  copies  of  the  motion,  or  petition,  and  the  supporting 
evidence  upon  the  opposite  party  or  his  or  her  attorney. 

Proof  of  service  must  be  such  as  shall  satisfy  the  bureau  that  the 
opposite  party  has  been  informed  of  the  motion,  or  petition,  and  the 
supporting  evidence,  and  may  consist  of,  first,  a  written  acceptance 
of  service  by  the  opposite  party  or  his  or  her  attorney  of  record;  or 
second,  a  postal  registry  return  receipt  card  signed  by  the  opposite 
party  or  attorney  of  record,  accompanied  by  an  affidavit  showing 
that  on  a  certain  date  copies  of  the  motion,  or  petition,  and  the 
supporting  evidence  were  mailed  in  a  registered  letter,  post  paid,  to 
the  opposite  party  or  the  attorney  of  record,  addressed  to  a  certain 
post  office  (naming  it) ;  and  that  the  card  was  returned  in  acknowl- 
edgment of  receipt  of  such  letter;  or  third,  an  affidavit,  showing  that 
on  a  certain  date  and  at  a  certain  place  copies  of  the  motion,  or 


REGULATIONS   GOVERNING    PENSION    BUREAU.  31 

petition,  and  of  the  supporting  evidence  were  personally  delivered  to 
the  opposite  party  or  his  or  her  attorney  of  record. 

Applications  for  reconsideration,  or  reopening,  not  conforming  to 
the  foregoing  requirements,  or  showing  satisfactory  reason  why  per- 
sonal service  can  not  be  made,  shall  not  be  considered  by  the  bureau, 
but  shall  be  promptly  returned  to  the  applicant  or  his  or  her  attorney 
of  record,  for  compliance  therewith. 

129.  a.  Upon  the  filing  of  an  application  for  reconsideration  or 
reopening,  conforming  to  the  requirements  of  the  foregoing  rule,  pay- 
ment of  the  one-half  pension  in  question  shall  be  suspended  pending 
the  adjudication  of  such  application. 

&.  The  papers  in  claims  under  the  act  of  March  3,  1899,  should 
during  the  pensioner's  lifetime,  be  kept  separate  and  apart  from  the 
invalid  papers,  in  the  prescribed  jacket,  properly  fastened. 

CLAIMS  UNDER  ACT  OF  MAY  30,  1908. 

130.  The  certificate  of  the  Chief  of  Army  and  Navy  Division  shall 
be  accepted  as  showing,  in  the  case  of  any  individual  claimant,  the 
facts  as  to  whether  service  was  rendered,  payment  therefor  made  by 
the  State  of  Texas,  and  said  State  reimbursed  for  such  payment  by  the 
United  States. 

CLAIMS  UNDER  ACT  OF  FEBRUARY  19,   1913. 

131.  a.  The  act  of  February  19,  1913,  is  construed  to  include  those 
survivors  of  Indian  wars  who  have  established,  or  may  hereafter 
establish,  title  to  pension  under  the  acts  of  July  27,  1892,  June  27, 
1902,  or  May  30,  1908. 

6.  In  the  case  of  pensioners  on  the  roll  February  19,  1913,  who  had 
established  title  to  pension  under  said  acts,  but  who  were  in  receipt  of 
a  pension  of  less  than  $20  per  month  under  some  other  law,  new  certi- 
ficates shall  issue  showing  the  increased  rate  provided  by  the  act  of 
February  19, 1913,  and  a  letter  from  any  such  pensioner  shall  be  suffi- 
cient to  cause  a  case  to  be  taken  up  for  that  purpose. 

c.  In  the  case  of  pensioners  or  claimants  who  have  not  established 
their  title  to  pension  under  said  acts,  and  who  may  be  entitled  to  the 
benefits  of  the  act  of  February  19,  1913,  a  valid  declaration  shall  be 
required,  unless  one  has  already  been  filed. 

d.  In  all  cases  where  pensioners  or  claimants   are  found  to  be 
entitled  to  the  benefit  of  the  act  of  February  19,  1913,  the  increased 
rate  of  $20  per  month  shall  commence  on  February  19,  1913. 

BOUNTY  LAND  WARRANTS. 

132.  a.  Upon  the  issue  of  an  original  or  duplicate  bounty  land 
warrant,  the  same  shall  be  delivered  personally  or  forwarded  to  the 
claimant  by  registered  mail,  and  the  receipt  card  shall  thereafter  be 

76704°— 15 3 


32  REGULATIONS   GOVERNING   PENSION   BUREAU. 

filed  with  the  papers  in  the  claim  and  be  accepted  as  prima  facie 
evidence  of  the  delivery  of  the  warrant  to  the  claimant. 

5.  In  no  case  shall  a  bounty  land  warrant  be  delivered  to  any  other 
person  than  the  claimant,  nor  shall  the  delivery  be  made  in  any  other 
way  than  as  provided  in  this  section. 

133.  a.  In  forwarding  a  bounty  land  warrant  to  the  claimant  there 
shall  be  inclosed  therewith  a  blank  form  for  a  receipt  for  the  warrant 
to  be  signed  by  the  claimant  and  returned  to  the  bureau  for  filing  in 
the  case,  and  the  claimant's  attention  shall  be  invited  to  the  provi- 
sion of  sections  2414  and  2436,  Revised  Statutes,  and  to  the  provisions 
of  the  act  of  July  4,  1884,  relative  to  attorney  fees  in  bounty  land 
claims. 

6.  The  attorney  of  record  in  the  claim  shall  be  notified  of  the  issu- 
ance and  delivery  of  the  warrant. 

CLAIMS  ON  ACCOUNT  OF  BATTLESHIP  "MAINE." 

134.  In  claims  for  pension  arising  out  of  destruction  of  the  U.  S.  S. 
Maine  on  February  15,  1898,  declarations  executed  and  filed  sub- 
sequent to  the  discharge  or  death  of  the  person  upon  whose  service 
a  claim  is  based  shall  be  accepted  as  valid  without  regard  to  whether 
the  claimant  is  or  is  not  entitled  to  be  a  beneficiary  under  section 
2,  act  of  March  30,  1898.     Pensions  allowed  such  beneficiaries  must 
not  commence  prior  to  February  16,  1899,  as  provided  in  section  4 
of  said  act. 

REGULAR  ESTABLISHMENT. 

135.  All  claims  for  pension  based  upon  death  or  disability  incurred 
in  the  Regular  Army,  Navy,  or  Marine  Corps  of  the  United  States, 
between  July  1,  1865,  and  April  21,  1898,  and  subsequent  to  July  4, 
1902,  shall  be  charged  to  a  separate  class  to  be  known  as  "Regular 

Establishment." 

LINE  OF  DUTY. 

136.  In  claims  for  pension  where  disability  or  death  is  alleged  to 
be  due  to  a  disease  chargeable  to  the  service,  if  the  existence  of  the 
disease  is  satisfactorily  shown  in  the  service  as  alleged,  and  if  it 
does  not  appear  that  the  soldier  or  sailor  was  absent  when  the  same 
was  incurred  and  there  is  nothing  adverse  to  its  origin,  line  of  duty 
may  be  presumed. 

CLAIMS  UNDER  DIFFERENT  LAWS.     ELECTION  AND  RESTORATION. 

137.  No  claim  for  pension  shall  be  deemed  to  have  reached  final 
adjudication  until  all  evidence  necessary  for  a  legal  adjudication 
has  been  obtained  and  a  legal  approval  or  rejection  had  upon  such 
evidence. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  33 

138.  Where,  in  a  claim  for  pension,  the  title  established  is  to  an 
equal  or  less  rate  than  that  which  the  applicant  is  already  receiv- 
ing under  some  other  law,  it  shall  be  dealt  with  as  provided  in  sec- 
tion 93. 

139.  In  the  event  that  a  claimant  is  accorded  a  rating  under  the 
act  of  June  27,  1890,  as  amended  by  the  act  of  May  9,  1900,  or  under 
the  act  of  April  19,  1908,  but  is  already  on  the  rolls  at  a  higher  rating 
under  sections  4692  and  4693,  or  4702  and  4703,  Revised  Statutes, 
he  or  she  shall  be  notified  of  the  action  taken  in  the  pending  claim 
as  follows: 

You  are  informed  that  the  above-entitled  claim  for  pension  under  the  act  of 

has  been  approved  at  $ per  month,  but  as been  pensioned 

under  sections and ,  Revised  Statutes,  at  $ per  month,  from 

}  for  the  reason  that  it  confers  no  benefit,  an  issue  will  not  be  made  under  the 

act  of ,  unless should  desire  to  surrender pension  under 

sections and ,  Revised  Statutes,  and  request. .  the  issue  of  a  certificate 

under  the  act  of 

If request. .  issue  of  certificate  under  the  act  of ,  a  fee 

of  $ will  be  deducted  from  the  pension  allowed  under  such  issue,  to  be  paid 

to  attorney ,  of 

140.  In  the  event  that  a  claimant  is  accorded  a  rating  under  sec- 
tions 4692  and  4693,  or  4702  and   4703,  Revised  Statutes,  but  is 
already  on  the  rolls  at  a  higher  rating  under  some  other  law,  he  or 
she  shall  be  notified  of  the  action  taken  in  the  pending  claim  as 
follows : 

You  are  informed  that  the  above-entitled  claim  for  pension  under  sections 

and ,  Revised  Statutes,  has  been  approved  at  $ per  month,  from , 

on  account  of ,  but  as been  pensioned  under  the  act  of 

,  at  $ per  month,  from  ,  for  the  reason  that  it  confers 

no  benefit,  an  issue  will  not  be  made  under  sections and ,  Revised 

Statutes,  unless should  desire  to  surrender pension  under  the  act 

of ,  and  request. .  the  issue  of  a  certificate  under  sections and 

,  Revised  Statutes. 

If request. .  the  issue  of  a  certificate  under  sections and , 

Revised  Statutes,  a  fee  of  $ will  be  deducted  from  the  pension  allowed  under 

such  issue,  to  be  paid  to  attorney ,  of 

141.  Nothing  under  this  title  shall  be  so  construed  as  to  delay 
the  final  adjudication  of  any  claim  to  await  completion  of  any  other 
claim  pending  in  behalf  of  claimant. 

142.  Claims  pending  under  sections  4692  and  4693,  Revised  Statutes, 
in  which  medical  examination  fails  to  show  a  greater  rate  for  disabili- 
ties alleged  under  said  sections  than  the  pensioner  is  receiving  under 
a  subsequent  act,  shall  be  referred  to  the  medical  referee  by  the  chief 
of  the  adjudicating  division  for  an  opinion  as  to  the  rate  indicated. 
If  the  opinion  of  the  medical  referee  shows  that  no  benefit  would 
accrue  to  the  claimant  under  sections  4692  and  4693,  Revised  Statutes, 


34  REGULATIONS   GOVERNING   PENSION    BUREAU. 

if  the  claim  were  completed,  the  claim  shall  be  submitted  to  the  board 
of  review  for  proper  action. 

143.  Where  a  pensioner  having  a  certificate  under  sections  4692 
and  4693,  Revised  Statutes,  surrenders  it  to  take  a  certificate  under 
any  subsequent  act,  the  disability  for  which  he  had  been  pensioned 
having  increased,  an  application  for  renewal  and  increase  of  his  pen- 
sion thereunder  having  been  filed  in  the  bureau,  and  the  medical 
examination  held  thereunder  showing  such  increase,  the  form  of  cer- 
tificate issued  in  such  cases  shall  be  "renewal  and  increase  under  the 
general  law,"  pension  to  commence  on  the  date  of  the  medical  exami- 
nation, with  proper  deduction  of  payments  made  since  that  date 
under  the  subsequent  act. 

144.  Where  a  pensioner  under  the  act  of  June  27,  1890,  as  amended, 
act  of  February  6,  1907,  or  act  of  May  11,  1912,  files  a  claim  under 
sections  4692  and  4693,  Revised  Statutes,  and  upon  adjudication  of  such 
claim  title  to  a  rating  less  than  or  equal  to  that  which  he  is  then 
receiving  is  established  and  admitted,  the  issue  of  certificate  is  sub- 
ject to  his  election.     If  he  fails  to  elect  to  take  pension  under  sections 
4692  and  4693,  Revised  Statutes,  but  subsequently  files  a  claim  for 
a  higher  rating  under  said  sections,  the  claim  for  the  higher  rating 
under  said  sections  shall  be  entertained,  regardless  of  the  fact  that  the 
pensioner's  name  had  not  been  inscribed  on  the  rolls  under  said  sec- 
tions; and,  if  certificate  is  issued,  pension  shall  commence  on  the  date 
fixed  in  the  original  adjudication  and  the  higher  rate  from  the  date 
of  the  examining  surgeon's  certificate  establishing  the  same,  with 
such  deductions  as  may  be  necessary  to  give  pensioner  the  full  benefit 
of  the  highest  rating  allowed  him  over  the  period  covered  by  both 
certificates. 

DISPOSITION  OF  CLAIMS  FOB  TWO  OB  MOBE  DISABILITIES. 

145.  Invalid  claims  in  which  more  than  one  disability  is  alleged 
may  be  allowed  when  one  of  the  pensionable  disabilities  is  established. 
The  examiner  submitting  the  claim  shall  at  the  same  time  make  the 
proper  call  for  the  evidence  necessary  to  complete  the  claim  for  the 
other  disabilities.     After  allowance  of  the  claim  the  papers  shall  be 
returned  to  the  adjudicating  division  for  completion  of  claim  for  the 
remaining  disabilities. 

146.  No  claim  which  has  been  allowed  and  in  which  certificate  has 
issued,  leaving  one  or  more  disabilities  pending,  shall  again  be  sub- 
mitted to  the  board  of  review  until  the  merits  of  all  alleged  disabilities 
are  determined,  or  the  claimant  shall  have  stated  his  inability  to 
complete  the  claim.     Where  a  call  for  evidence  has  been  unanswered 
for  six  months,  the  claim  may  be  submitted  for  allowance  for  the 
disabilities  proved  and  for  rejection  of  those  not  established. 


lti:<il'LAJK).\S    GOVERNING    PENSION    BUREAU.  35 

DECLARATION  OF  APPLICANT  AS  TO  OTHER  SERVICE. 

147.  Where  a  declaration  for  pension  contains  a  statement  that  the 
applicant  had  "no  other  service/'  such  statement  may  be  accepted 
as  prima  facie  evidence  upon  that  point,  but  may  not  be  accepted  as 
conclusive,  either  as  to  services  prior  or  subsequent  to  the  service 
named.     If  any  reason  appears  for  supposing  that  there  may  have 
been  another  service,  the  question  should  be  fully  inquired  into. 

148.  If  the  soldier  has  been  pensioned,  and  the  widow  or  depend- 
ents apply  for  a  pension  based  upon  the  status  of  the  soldier  fixed  by 
the  Pension  Bureau  during  his  lifetime,  the  claimant  shall  not  be 
required  to  make  further  showing  as  to  other  service  of  the  soldier, 
unless  there  first  appears  a  good  reason  for  the  belief  that  there  may 
have  been  a  prior  or  subsequent  service. 

REFUNDMENT  AND  RECOVERY. 

149.  Whenever  practicable,  refundments  and  recoveries  of  money 
shall  be  required  in  drafts  on  New  York,  payable  to  the  Treasurer  of 
the  United  States.     In  case  the  refundment  is  by  post-office  money 
order  the  same  should  be  drawn  on  the  postmaster,  Washington, 
D.  C.,  payable  to  the  Treasurer  of  the  United  States.     All  refund- 
ments and  recoveries  should  be  transmitted  to  the  Commissioner  of 
Pensions,  for  deposit  to  the  credit  of  the  proper  appropriation. 

150.  All  checks,  drafts,  post-office  money  orders,  and  cash  received 
in  the  bureau  shall  be  forthwith  delivered  to  the  Chief  of  the  Finance 
Division,  who  will  give  proper  receipts  for  same.     All  such  checks, 
drafts,  money  orders,  and  cash,  if  they  represent  refundments  on 
account  of  improper  payments,  shall  be  transmitted  to  the  Treasurer 
of  the  United  States  and  proper  certificates  of  deposit  for  the  amounts 
procured.     The  Auditor  for  the  Interior  Department  shall  be  advised, 
upon  receipt  of  the  certificate  of  deposit,  as  to  the  disposition  to  be 
made -of  the  amount  refunded. 

151.  a.  If  the  recovery  be  made  by  a  special  examiner,  he  shall  be 
governed  by  letter  of  instructions  from  this  bureau  as  to  amount  to 
be  recovered  or  refunded.     No  action  shall  be  taken  by  the  special 
examiner,  except  to  report  the  facts  in  the  case,  until  such  letter  of 
instructions  shall  have  been  received  by  him,  save  in  case  of  emer- 
gency where  delay  in  securing  the  refundment  might  endanger  its 
recovery,  when  the  special  examiner  shall  exercise  a  sound  discretion 
as  to  the  advisability  of  taking  immediate  action. 

5.  In  case  of  refundment  obtained  by  special  examiner,  a  full  and 
complete  record  of  the  entire  transaction,  giving  the  number,  date, 
and  amount  of  the  draft  or  post-office  money  order  and  the  names  of 
all  parties  connected  therewith,  shall  be  made  in  a  book  to  be  kept 
for  that  purpose  by  the  Chief  of  the  Special  Examination  Division. 


36  KEGULA/riONS   GOVERNING   PENSION    BLJKEAU. 

152.  In  cases  where  an  applicant  has  misstated  his  age,  but  where 
there  is  no  evidence  of  intent  to  defraud,  recovery  shall  be  made  of 
the  erroneous  payments  covering  the  period  from  date  of  allowance 
to  the  date  when  the  pensioner  arrives  at  an  age  which  would  warrant 
the  allowance  of  the  rate  in  question,  without  reference  to  the  ques- 
tion of  filing  additional  application. 

153.  In  cases  where  the  misstatement  as  to  age  is  shown  to  have 
been  made  with  fraudulent  intent  on  the  part  of  claimant,  recovery 
shall  be  made  of  all  erroneous  payments  made  under  the  allowance 
based  on  the  declaration  in  question. 

154.  Where  an  overpayment  of  pension  has  been  made  as  a  result 
of  fraud  or  the  concealment  of  an  essential  fact  on  the  part  of  the  pen- 
sioner, or  of  mistake  of  fact,  and  the  pensioner  dies  and  a  claim  for  the 
accrued  pension  from  the  date  of  last  payment  to  date  of  the  pen- 
sioner's death,  is  made,  the  act  of  December  21,  1893,  does  not  apply, 
the  Government  having  the  right  to  reimburse  itself  for  the  amount 
erroneously  paid  to  the  pensioner  by  reason  of  fraud,  concealment,  or 
mistake  of  fact. 

DROPPING. 

155.  a.  When  it  has  been  determined  by  satisfactory  proof,  after 
legal  notice  to  the  pensioner,  that  the  name  of  such  pensioner  was  put 
on  the  pension  roll  through  false  and  fraudulent  representations,  the 
name  and  cause  for  dropping  such  pensioner  shall  be  submitted,  in  a 
proper  letter  prepared  in  the  Finance,  Division,  to  the  Secretary  of  the 
Interior,  and  upon  receipt  of  his  approval  of  the  proposed  action,  the 
name  of  the  pensioner  shall  be  dropped  from  the  roll. 

5.  Where  disability  from  pensioned  cause  has  ceased,  the  Board  of 
Review  and  Medical  Division,  in  making  approval  for  dropping,  shall 
indicate  the  date  such  disability  is  held  to  have  ceased,  and  in  the 
notice  to  the  Finance  Division  to  drop  name  from  the  rolls  such  date 
shall  be  stated,  in  order  that  payment  may  be  made  to  that  date. 

This  rule  may  not  prevent  payment  of  pension  beyond  the  date 
the  disability  is  held  to  have  ceased  in  those  cases  where  such  event 
occurs  so  short  a  time  before  the  next  quarterly  payment  as  to  pre- 
vent the  statutory  notice  prior  to  payment  becoming  due,  but  it 
must  be  applied  in  all  cases  where  it  can  be. 

ACCRUED  PENSION  AND  REIMBURSEMENT. 

156.  All  applications  for  accrued  pensions  which  are  not  accom- 
panied by  a  declaration  for  pension  in  behalf  of  the  widow  or  minor 
child  shall  be  forwarded  to  the  Law  Division.     The  Law  Division 
shall  secure  the  necessary  data  from  such  application  to  drop  the  pen- 
sioner's name  from  the  roll  and  forward  said  data  to  the  Finance 
Division,  and  shall  then  immediately  send  the  accrued  claim  to  the 
proper  adjudicating  division. 


REGULATIONS  GOVERNING   PENSION    BUREAU.  87 

Applications  for  accrued  pension  are  not  required  to  be  in  any 
particular  form.  The  right  to  the  accrued  may  be  considered  and 
adjudicated  upon  request,  by  letter  or  otherwise,  containing  sufficient 
information,  or  as  an  incident  to  the  claim  of  a  widow  or  guardian 
of  minors. 

157.  In  the  consideration  of  claims  for  reimbursement  under  the 
act  of  March  2,  1895,  the  amount  received  on  account  of  the  expense 
of  the  pensioner's  burial  from  public  funds  of  the  various  States  or 
provided  by  the  Government  in  the  District  of  Columbia,  shall  be 
deducted  from  the  approvable  expenses.     The  fact  that  a  certain 
amount  may  be  available  for  burial  purposes  under  the  laws  of  the 
various  States  shall  not  be  considered  in  the  settlement  of  such 
claims  unless  it  be  shown  that  such  amount  has  been  or  will  be 
received. 

158.  Title  to  accrued  pension  shall  be  established  in  the  adjudicat- 
ing divisions  and  board  of  review  according  to  the  usual  procedure. 

159.  In  the  adjudication  of  accrued  pension  claims  careful  examina- 
tion shall  be  made  of  papers  to  determine  whether  the  last  pension 
certificate  issued  to  the  deceased  pensioner  is  with  the  papers,  and 
the  fact  as  to  whether  such  certificate  is  with  the  papers  shall  be  care- 
fully noted  on  the  accrued  face  brief.     Any  such  certificate  found 
shall  be  attached  to  the  brief  next  after  the  face  brief.     The  presence 
or  absence  of  said  certificate  in  the  files  of  this  bureau  shall  be  noted 
on  a  memorandum  from  the  Certificate  Division  with  the  order  of 
pay. 

160.  Hereafter,   no  original  or  other  certificate  upon  which  no 
payment  has  been  made  shall  be  canceled  on  account  of  death  of  the 
pensioner.     Certificates   of  this  kind  shall  be  sent  to   the  Finance 
Division,  where  they  shall  be  filed  in  the  claim,  and  the  pensioner's 
name  dropped  from  the  rolls.     When  claims  to  the  accrued  pension 
in  these  cases  are  established,  they  shall  be  submitted  on  the  usual 
accrued  face  brief,  which  shall  show,  in  addition  to  the  other  facts, 
whether  an  attorney  was  entitled  to  a  fee  when  the  claim  was  allowed, 
and  if  so,  the  amount  thereof.     In  cases  where  attorneys  are  entitled 
to  fee,  the  " accrued  orders"  shall  show  the  names  of  the  attorneys 
and  the  amount  of  fees  due,  and  direct  that  they  be  paid  from  the 
accrued  pension. 

161.  An   incomplete   claim   of   a   deceased   claimant   who   leaves 
neither  widow  nor  minor  child  surviving  and  in  which  no  claim  for 
reimbursement  has  been  filed,  shall  be  rejected  for  that  reason.     If 
it  is  caUed  up  by  a  person  claiming  a  right  to  complete  the  same  under 
the  act  of  March  2,  1895,  such  person  shall  be  notified  of  the  require- 
ments to  complete  the  pending  claim,  and  of  the  conditions  under 
which  reimbursement  under  the  act  of  March  2,  1895,  may  be  obtained, 
reimbursement  blanks  being  inclosed. 


38  KEGULA'llONTS   GOVERNING    PENSION    BUREAU. 

162.  Claims  for  reimbursement  shall  be  referred  through  the  Law 
Division  to  the  Army  and  Navy  Division. 

If  in  the  reimbursement  section  it  be  found  that  the  pensioner's 
name  has  not  been  dropped  from  the  roll,  all  the  papers  shall  be 
referred  by  it  direct  to  the  Finance  Division  for  dropping. 

CALLS  RELATIVE  TO  PAYMENTS. 

163.  Whenever  information  is  required  touching  payments  to  any 
pensioner,  call  therefor  shall  first  be  made  upon  the  Finance  Division; 
if  the  information  is  not  obtainable  there,  a  call  may  then  be  made 
upon  the  Auditor  for  the  Interior  Department. 

CONSOLIDATION  OF  CLAIMS. 

164.  a.  When  an  original  claim  of  a  widow,  minor,  or  dependent 
relative  of  a  soldier  is  filed,  and  upon  an  examination  of  the  records 
it  appears  that  a  pension  had  been  previously  allowed  to  or  on 
account  of  the  soldier  named  in  the  application,  the  Record  Division 
shall  note  the  number  and  series  of  the  certificate  previously  issued 
upon  the  jacket  of  the  new  claim  and  forward  the  claim  to  the  adjudi- 
cating division  to  which  it  belongs. 

b.  When  the  claim  shall  have  reached  the  adjudicating  division, 
the  chief  of  division  shall  forward  to  the  admitted  files  a  slip  bearing 
the  certificate  number,  series  and  service  of  the  allowed  claim,  and 
the  number  of  the  pending  claim.  The  allowed  claim,  including  the 
jacket,  shall  then  be  drawn  and  forwarded  to  the  adjudicating  division 
and  consolidated  with  the  pending  claim,  and  the  slip  shall  be  retained 
in  its  place  in  the  admitted  files. 

165.  When  two  or  more  pending  claims  on  account  of  the  same 
soldier  are  allowed  on  review,  they  shall  be  kept  together  in  the  certifi- 
cate division,  and  when  they  finally  reach  the  admitted  files  they  shall 
be  filed  under  the  number  of  the  certificate  issued  to  the  person  having 
the  latest  title  in  the  order  of  succession.     If  at  any  time  during  the 
examination  or  adjudication  of  a  claim  it  shall  appear  that  there  is  a 
previously  allowed  claim,  the  papers  or  jacket  of  which  have  not  been 
consolidated  with  the  pending  claim,  the  examiner  having  the  claim 
in  charge  shall  forward  the  proper  slip  to  the  admitted  files  and  draw 
and  consolidate  the  jacket  and  any  other  papers  it  may  contain  with 
the  pending  claim. 

166.  When  a  claim  is  filed  and  the  records  show  no  previously 
allowed  claim,  but  show  a  pending  or  rejected  claim,   the  claims 
shall  be  consolidated  by  the  adjudicating  division  upon  receipt  of 
the  new  claim  from  the  record  division. 

167.  The  above  directions  shall  not  apply  to  the  consolidation  of 
claims  for  bounty  land. 


Ki-:<;ri.\  i  IONS  <;OVKI;M.\<;   CK.NSION    BI'KKAU.  39 

168.  When  a  pending  or  rejected  original  invalid  claim  is  consoli- 
dated with  a  widow's,  minor's,  or  dependent  claim,  a  slip  representing 
the  invalid  claim,  and  showing  under  what  law  said  claim  was  made, 
whether  pending  or  rejected,  and  the  number  of  the  claim  with  which 
it  is  consolidated,  shall  be  made  and  placed  in  the  proper  invalid  file. 

169.  When  a  pending  or  rejected  widow's  claim  is  consolidated 
with  a  minor's  claim,  or  a  father's  with  a  mother's  claim,  or  the 
reverse,  a  slip  representing  said  claim  and  showing  the  law  under 
which  it  was  made,  whether  pending  or  rejected,  and  the  number  of 
the  claim  with  which  it  is  consolidated,  shall  be  made  and  placed  in 
the  proper  widow's  and  dependent  file. 

BRIEFING  CLAIMS. 

170.  All  papers  in  claims  submitted  to  the  Board  of  Review  for 
action  shall  be  briefed  systematically  in  accordance  with  the  order  of 
arrangement  hereinafter  indicated;  those  not  so  briefed  should  be 
returned  for  correction. 

171.  When  a  claim  is  briefed,  a  sheet  of  manila  paper  shall  be 
attached  last  of  all  and  the  whole  brief  fastened  together  with  two  paper 
fasteners  passed  through  from  back  to  front.     Sheets  of  manila  paper 
shall  be  placed  between  the  different  briefs.     The  manila  sheets  should 
not  be  turned  over  on  the  top  of  the  face  brief. 

172.  Nothing   should   appear   above    the   face    brief    submitted. 
Decisions  of   the  Secretary,   directions  from   the   commissioner  or 
deputy  commissioner  as  to  action  to  be  taken,  opinions  of  the  medi- 
cal referee,  and  Law  Division  should  follow  next  after  the  face  brief, 
in  the  order  named. 

173.  Cases  submitted  for  admission  or  rejection  shall  so  state;  and 
the  examiner  may  give  briefly  his  reasons  for  his  action  in  the  prem- 
ises.    The  grounds  upon  which  it  is  proposed  the  claim  should  be 
rejected  should  always  be  stated  by  the  examiner. 

174.  a.  In  cases  submitted  to  the  Board  of  Review  reports  of 
persons  giving  private  information  must  not  be  attached  to  the 
brief,  but  must  be  placed  in  an  envelope  marked  "  Confidential," 
and  this  envelope  placed  in  the  jacket  of  the  case. 

6.  All  papers  which  do  not  affect  the  merits  of  the  case  should  be 
collected  together  in  a  separate  jacket. 

175.  All  correspondence  from  witnesses   and  the  verification  of 
service  should  follow  the  affidavits  to  which  they  refer. 

176.  If  a  claim  under  any  service  act  has  already  been  submitted, 
and  subsequently  a  claim  under  the  general  law  is  to  be  submitted, 
the    War   Department    and    other    department   reports   should    be 
removed  and  placed  in  their  proper  place  in  the  general  law  brief. 
In  all  cases  all  the  certificates  of  medical  examination  should  always 
be  placed  at  the  end  of  the  brief. 


40  REGULATIONS  GOVERNING  PENSION    BUREAO. 

177.  The  line  of  the  face  brief  beginning  with  the  words  "pen- 
sioned for"  must  be  left  blank  by  the  examiner  to  be  filled  in  by  the. 
raters  after  the  legal  and  medical  approvals  have  been  made.     The 
raters  must  use  the  greatest  care  in  filling  this  line  accurately  in 
accordance  with  the  medical  approval. 

178.  No  erasure  shall  be  made  of  any  writing  or  printing  upon 
any  face  brief,  or  other  paper  pertaining  to  a  claim  filed,  or  adjudi- 
cated, except  by  such  a  line  in  red  ink  drawn  through  the  writing 
or  printing,  which  will  permit  the  reading  with  distinctness  of  the 
original.     All  such  changes  or  indorsements  upon  face  briefs  must  be 
signed  or  initialed  and  dated  by  the  person  making  the  same.     No 
change  shall  be  made  on  a  face  brief  on  which  final  action  has  been 
taken. 

179.  All  face  briefs  should  be  indorsed  or  initialed  so  as  to  show 
at  a  glance  the  division  to  which  the  case  belongs.     The  face  brief 
should  show  the  name  of  the  Senator  or  Representative  who  called 
up  the  case. 

180.  a.  In  claims   of   female  children    who  have  married,    their 
names  after  marriage  should  appear  at  the  head  of  the  face  brief,  as 
well  as  below  the  rate,  since  the  other  matter  appearing  on  the  face 
brief  sufficiently  shows  that  they  are  the  children  of  the  soldier. 

b.  In  the  claims  of  remarried  widows  the  claimant's  present  name 
should  be  used,  followed  by  the  words  "  former  widow  of." 

181.  No  claim  shall  be  submitted  to  the  Board  of  Review  for 
action  without  having  attached  thereto  a  separate  face  brief  for  each 
class  of  claims  involved,  and  action  in  each  class  shall  be  on  the  face 
brief  especially  prepared  therefor. 

182.  After  the  examiner  has  prepared  his  face  brief  he  shall  verify 
the  entries  thereon  and  check  the  same  with  a  blue  pencil,  being  care- 
ful not  to  deface   the  face  brief,  beginning  with  the  name  of  the 
claimant  and  going  over  all  the  written  portions  of  the  face  brief  until 
every  item  therein  has  been  verified  and  checked.     The  same  rule  shall 
be  observed  in  the  Board  of  Review,  where  the  check  marks  shall 
be  made  with  red  pencil  by  the  reviewer  and  with  black  pencil  by 
the  re-reviewer.     The  errors  discovered  in  face  briefs  by  the  reviewer 
shall  be  charged  against  the  examiner  and  operate  as  a  reduction  in 
the  standard  of  efficiency. 

183.  a.  Where  a  claim  has  been  rejected  on  legal  grounds  and 
evidence  is  subsequently  filed  therein,  in  considering  such  evidence 
a  reopening  face  brief  shall  be  used,  which  should  show  fully  all 
testimony  filed  and  the  date  thereof,  since  action  of  rejection  was 
taken,  and  must  be  attached  to  the  brief,  whereupon  the  case  shall 
be  submitted  to  the  Board  of  Review  for  consideration  of  the  ques- 
tion of  reopening.     In  claims  rejected  upon  medical  grounds,  the 
reopening  face  brief  shall  be  used  by  filling  out  that  part  thereof 


REGULATIONS  GOVERNING  PENSION    BUREAU.  41 

which  is  prepared  for  reference  to  the  medical  referee.  The  action 
of  the  medical  referee  upon  such  reference  shall  also  be  entered  upon 
the  face  brief  in  the  space  provided  therefor.  If  the  medical  action 
is  in  favor  of  reopening  or  of  ordering  another  medical  examination, 
such  action  on  the  face  brief  constitutes  a  reopening  of  the  claim, 
and  when  another  medical  examination  is  determined  upon  it  shall 
be  ordered  by  the  medical  referee. 

6.  If  reopening  is  denied  on  either  legal  or  medical  grounds  the 
claimant  or  his  attorney  should  be  promptly  advised. 

c.  The  name  of  a  Member  of  Congress  should  not  be  entered  on 
a  reopening  face  brief,  unless  the  tes  imony  with  a  view  to  reopening 
was  filed  through  him,  or  he  has  called  for  the  status  of  such  claim 
since  the  filing  of  such  testimony,  and  has  been  informed  that  he  will 
be  further  advised  regarding  the  claim  after  the  testimony  shall  have 
been  duly  considered. 

The  name  of  a  Member  of  Congress  should  not  be  entered  on  a 
face  brief  disposing  of  a  claim,  unless  the  declaration  was  filed 
through  him,  or  he  has  called  up  the  case  since  the  filing  of  the 
declaration  under  consideration. 

184.  a.  Should  the  medical  referee  reverse  the  action  of  rejection 
in  a  case  referred  to  him  by  the  commissioner  or  the  deputy  com- 
missioner, he  shah1  use  the  reopening  face  brief  and  state  thereon  his 
reasons  for  such  action. 

&.  Likewise  whenever  directions  are  given  by  the  Secretary,  the 
commissioner  or  the  deputy  commissioner  to  reopen  a  claim,  the 
adjudicating  division  shall  reopen  such  case,  using  the  reopening  face 
brief  and  attaching  the  directions  thereto. 

185.  Reopened  claims  when  submitted  to  the  Board  of  Review  for 
final  action  shall  have  the  regular  face  brief  attached,  the  reopening 
face  brief  following  it. 

186.  In  any  claim  in  which  completed  action  has  been  taken  by 
the  Medical  Division,  but  which  has  been  returned  for  further  action, 
the  face  brief  must  not  be  taken  from  the  case,  even  where  a  change 
in  the  medical  approval  or  rate  is  found  necessary.     In  a  claim  in 
which  the  action  of  the  Medical  Division  is  not  fully  completed,  or  a 
new  face  brief  is  required  to  make  changes  in  the  contemplated 
approval  or  rates,  the  face  brief  shall  not  be  removed. 

187.  When  the  commissioner  reverses  the  action  of  the  Board  of 
Review  the  old  face  brief  should  be  canceled  by  the  Chief  of  the 
Board  of   Review  by  indorsement  thereon,  and  a  new  face  brief 
should  be  attached  and  action  taken  thereon  in  accordance  with  the 
commissioner's  decision  to  which  should  be  added  the  indorsement: 

•'See  directions  of    the  commissioner  of (date)"  the 

commissioner's  directions  being  placed  immediately  under  the  new 
face  brief. 


4*2  KKlH'J.ATlONS    <i()\  EI.JS1N  ( :    J'KNSION     )',  T  KK.UJ. 

188.  The  following  indicates  the  order  of  arrangement  of  papers 
with  reference  to  the  different  classes  of  claims: 

ORIGINAL  INVALID.     (SECS.  4692  AND  4693,  R.  S.) 

189.  Face  brief.     (If  more  than  one,  nothing  to  appear  between 
the  " Faces"  except  the  fee  agreements.) 

Declarations.     (In  order  of  filing,  oldest  first.) 

Other  statements  of  claimants.     (In  order  of  filing,  oldest  first.) 

Powers  of  attorney. 

Fee  agreements. 

War  Department  reports. 

Other  department  reports,  if  any. 

Certificates  of  disability  for  discharge. 

Evidence  of  prior  soundness,  when  necessary. 

Evidence  of  origin — (a)  Surgeon. 

(6)  Commissioned  officers, 
(c)   Enlisted  men. 

Evidence  of  continuance  in  its  chronological  order,  beginning  at 
discharge. 

Certificates  of  medical  examinations.  (Arranged  according  to  date 
of  examination,  oldest  first.) 

190.  Where  claim  is  being  completed  by  widow  or  minor  child 
and  no  widow's  or  minor's  claim  is  submitted,  the  following  evidence 
should  come  immediately  after  evidence  of  continuance: 

a.  If  widow  completing : 

Evidence  showing  date  of  death  of  soldier. 

Evidence  showing  marriage  of  soldier. 

Evidence  showing  death  of  former  consorts,  or  no  prior 

marriage. 
Evidence    showing    widowhood.     (If    remarried,    evidence 

showing  that  fact.) 

b.  If  minor  completing : 

Evidence  showing  death  of  widow. 
Evidence  showing  date  of  birth. 
Evidence  showing  no  other  minor. 
Letters  of  guardianship. 

ACT  OF  JUNE  27,  1890. 

191.  a.  Same  order  should  be  observed  as  in  an  original  claim 
under  the  general  law,  except  that,  following  the  reports  from  the 
War  or  other  departments,  should  come: 

Evidence  of  existence  of  disability,  from  date  of  filing  to  medical 
examination. 

Evidence  of  non vicious  habits. 

I.  If  the  original  invalid  claim  under  the  general  law  has  already 
been  briefed  and  submitted,  or  if  there  is  to  be  an  original  invalid 


REGULATIONS   GOVERNING    PENSION  'BUREAU.  43 

claim  under  the  general  law  and  at  the  same  time  a  claim  under 
the  act  of  June  27,  1890,  submitted,  then,  following  the  face  brief 
under  the  act  of  June  27,  1890,  should  come: 

Declarations. 

Claimant's  statements. 

Powers  of  attorney. 

Evidence  of  existence  of  disability  from  date  of  filing. 

Evidence  of  non vicious  habits. 

Other  papers  necessary  to  establish  the  claim  should  remain -in  the 
brief  under  the  general  law  claim. 

ACT  OF  FEBRUARY  6,  1907. 

192.  Same  order  should  be  observed  as  in  a  claim  under  the  act 
of  June  27,  1890,  except  that,  in  lieu  of  evidence  of  existence  of  disa- 
bility and  of  nonvicious  habits,  there  should  be  briefed  evidence  of 
age. 

ACT  OF  MAY  11,  1912,  AS  AMENDED  BY  ACT  OF  MARCH  4,  1913. 

193.  Same  order  should  be  observed  in  claims  under  the  age  and 
service  clause  of  the  above  acts  as  in  claims  under  the  act  of  February 
6,  1907.     In  claims  under  the  disability  clause  of  the  act  of  May  11, 
1912,  the  same  order  should  be  observed  as  in  claims  under  the  act 
of  June  27,  1890. 

INCREASE.     (SECS.  4692  AND  4693,  R.  S.,  AND  ACT  OF  JUNE  27,  1830.) 

194.  Face  brief. 

Pending  declaration  for  increase 
Powers  of  attorney. 

Evidence  in  support  of  claim  for  increase. 
Former  face  sheets  in  order.     (Oldest  last.) 

The  certificate  of  medical  examination  should  follow  certificate 
of  medical  examination  made  in  former  claim. 

INCREASE  AND  ADDITIONAL  DISABILITY. 

195.  Same  mode  of  procedure  as  in  straight  increase,  except   that 
testimony  as  to  origin  should  follow  former  testimony  as  to  same, 
and  evidence  of  continuance  should  follow  former  evidence  as  to 
continuance.     Certificate  of  medical  examination  to  be  placed  last 
in  the  brief  and  fee  agreements  to  be  placed  as  in  an  original  claim. 

RERATING. 

196.  Same   as  in  increase  claim.     If  claim  for  rerating  is  sub- 
mitted with  any  other  claim  or  claims  under  general  law,   action 
for  both  or  all  should  be  had  on  same  face  brief. 

RESTORATION  AND  REISSUE. 

197.  Claims   for  restoration  and  reissue  of  all  kinds  should  be 
briefed  as  in  a  claim  for  increase  and  new  disability. 


44  REGULATIONS   GOVERNING   PENSION   BUREAU. 

WIDOW'S  CLAIM.    (SECS.  4702  AND  4703,  R.  8.) 

198.  Face  brief. 

Declarations.     (In  order  of  filing,  oldest  first.) 

Other  statements  of  claimants.     (In  order  of  filing,  oldest  first.) 

Powers  of  attorney. 

Fee  agreements. 

War  Department  reports. 

Other  department  reports,  if  any. 

Certificate  of  disability  for  discharge. 

Evidence  showing  any  other  service  of  soldier. 

Evidence  of  origin.  (To  be  arranged  as  in  an  original  invalid 
claim.) 

Evidence  of  continuance.  (To  be  arranged  as  in  an  original 
invalid  claim.) 

Evidence  showing  date  and  cause  of  death. 

Evidence  of  marriage  to  soldier. 

Evidence  of  death  or  divorce  of  former  consorts  or  of  no  prior 
marriages. 

Evidence  of  continued  widowhood. 

Evidence  of  births  of  children  claimed  for,  and  that  they  are  still 
living. 

199.  If  soldier  was  a  pensioner,  or  where  an  invalid  claim  is  also 
submitted,  the  War  and  other  departmental  reports  should  appear 
in  the  invalid  brief  instead  of  the  widow's,  as  above,  as  also  evidence 
of  origin  and  continuance,  except  where  death  is  attributed  to  other 
than  the  causes  for  which  soldier  was  pensioned,  or  for  which  an 
invalid  claim  was  submitted,  in  which  event  such  evidence  should 
appear  with  the  widow's  brief  in  the  order  as  given  above. 

WIDOW'S  CLAIM.     (ACT  OF  JUNE  27,  1890.) 

200.  The  same  order  of  briefing  should  be  followed  as  in  a  claim 
under  the  general  law,  except  that  evidence  as  to  means  of  support, 
followed  by  copy  of  assessment  record,  should  occupy  the  place  of 
"origin  and  continuance." 

MINOR  COMPLETING. 

201.  Following  dates  of  birth  of  children  should  come: 
Evidence  showing  date  of  death  of  widow. 
Evidence  showing  no  other  minors. 

Letters  of  guardianship. 

WIDOW'S  CLAIM.    (ACT  OF  APRIL  19,  1908.) 

202.  Same  order  of  briefing  should  be  followed  as  in  claims  under 
the  act  of  June  27,  1890,  except  that  evidence  of  property  is  not 
required. 


REGULATIONS   GOVERNING    PENSION    BUREAU.  45 

ACCRUED  PENSION. 

203.  a.  In  case  of  the  soldier,  face  brief  to  be  placed  on  top  of 
last  invalid  face  brief. 

6.  In  case  of  widow  or  dependent  relative,  to  be  placed  on  top  of 
the  last  face  brief  in  such  case. 

c.  The  certificate  of  the  deceased  pensioner  should  be  placed  next 
after  the  face  brief. 

d.  Evidence  in  support  of  the  claim  should  be  placed  next,  except : 

e.  When  there  is  a  widow's  or  minor's  claim  also  submitted;  it 
should  then  appear  in  its  proper  place  in  such  claim. 

MINOR'S  CLAIM.     (UNDER  SECS.  4702  AND  4703,  R.  S.,  OR  ACT  OF  JUNE  27,  1890.) 

204.  Same  order  of  arrangement  as  in  a  widow's  claim,  except  that 
after  evidence  showing  dates  of  birth  of  minors  should  come: 

Evidence  of  death  or  remarriage  of  widow. 
Evidence  of  any  other  minor. 
Evidence  that  all  are  still  living. 
Letters  of  guardianship. 

HELPLESS  MINOR.     (ACT  OF  JUNE  27,  1830.) 

(Supplemental  issue  to  widow's  or  minor's  pension.) 

205.  Face  brief. 
Declaration. 
Statements  of  claimant. 

Evidence  as  to  helplessness  to  follow  last  evidence  filed  in  claim. 
Certificate  of  medical  examination. 

DEPENDENT  MOTHER. 

206.  Face  brief. 

Declarations.     (In  order  of  filing,  oldest  first.) 

Other  statements  of  claimant.     (In  order  of  filing.) 

Powers  of  attorney. 

Fee  agreements. 

War  Department  reports. 

Other  departmental  reports,  if  any. 

Certificates  of  disability  for  discharge. 

Evidence  showing  any  other  service  of  soldier. 

Evidence  of  origin.     (To  be  arranged  as  in  an  invalid  claim.) 

Evidence  of  continuance.     (To  be  arranged  as  in  an  invalid  claim.) 

Evidence  of  date,  and  cause  of  death  of  soldier. 

Evidence  of  relationship  of  soldier  and  claimant. 

Evidence  of  celibacy  of  soldier. 

Evidence  of  death  or  disability  of  father. 

Evidence  of  dependence — (a)  Property. 

(b)  Income. 

(c)  Contributions. 


46  REGULATIONS   GOVERNING    PENSION    BUREAU. 

Transcript  of  assessment  records. 

Evidence  as  to  whether  claimant  has  remarried. 

If  soldier  was  a  pensioner,  or  where  an  invalid  claim  is  submitted, 
the  War  and  other  department  reports;  also  evidence  of  origin  and 
continuance,  except  where  death  is  attributed  to  a  cause  other  than 
that  for  which  soldier  was  pensioned,  or  for  which  an  invalid  claim 
is  submitted,  should  appear  in  the  invalid  brief,  instead  of  the 
dependent  mother's,  as  above. 

DEPENDENT  FATHER. 

207.  Same  arrangement  as  in  a  mother's  claim,  except  that,  after 
evidence  of  date,  and  cause  of  soldier's  death,  should  come: 

Evidence  of  marriage  to  mother. 
Evidence  of  birth  of  soldier. 
Evidence  of  death  of  mother. 
Evidence  of  celibacy  of  soldier. 
Evidence  of  dependence. 
Transcript  of  assessment  records. 

DEPENDENT  BROTHERS  AND  SISTERS. 

208.  Same  arrangement  as  in  a  mother's  case,  except  that,  after 
evidence  of  date,  and  cause  of  death,  should  come: 

Evidence  of  relationship  to  soldier. 
Evidence  of  celibacy  of  soldier. 
Evidence  of  death  of  father  and  mother. 
Evidence  of  dates  of  births  of  claimants. 
Evidence  of  no  other  minor  brothers  or  sisters. 
Evidence  of  dependence. 
Transcript  of  assessment  records. 

DEPENDENTS  GENERALLY. 

209.  In  all  dependent  cases,  where  one  claim  has  been  rejected  and 
a  new  claim  is  subsequently  filed,  the  declaration,  testimony,  and 
other  papers  shall  be  placed  under  a  new  face  brief,  and  then  the 
whole  be  superimposed  on  the  old. 

If  more  than  one,  the  same  order  will  be  observed. 

MEXICAN  WAR. 
SURVIVOR. 

210.  Face  brief. 

Declarations.     (In  order  of  dates  of  filing.) 

Claimant's  affidavits.     (In  order  of  filing.) 

Powers  of  attorney. 

Department  reports. 

Evidence  of  identity. 

Evidence  of  disability,  dependence,  or  age. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  47 

INCREASE. 

Face  brief.     (To  be  placed  on  top  of  former  face  sheets.) 
Declarations,  following  former  declarations  in  survivor's  claim. 
Claimant's  statements,  following  declarations. 
Powers  of  attorney. 

Evidence  as  to  age,  disability,  and  means  of  support  to  follow 
former  testimony  in  survivor's  claim. 
Certificate  of  medical  examination. 

WIDOW.  * 

If  there  is  no  survivor's  brief,  then  arrangement  to  be  same  as  in 
Mexican  War  survivor,  to  be  followed  by: 
Evidence  of  death  of  soldier. 
Evidence  of  marriage  to  soldier. 
Evidence  as  to  prior  marriage. 
Evidence  as  to  continued  widowhood. 

If  there  is  a  survivor's  brief,  then  widow's  brief  should  consist  of: 
Face  brief. 
Declarations. 
Claimant's  statements. 
Powers  of  attorney. 
Evidence  of  identity. 
Evidence  of  death  of  soldier. 
Evidence  of  marriage  to  soldier. 
Evidence  as  to  prior  marriage. 
Evidence  as  to  continued  widowhood. 
Evidence  of  disability,  dependence,  or  age. 

INDIAN  WARS. 
SURVIVOR. 

211.  Face  brief. 

Declarations.     (In  order  of  filing.) 

Claimant's  statements.     (In  order  of  filing.) 

Powers  of  attorney. 

Department  reports. 

Evidence  of  identity. 

WIDOW. 

If  there  is  no  survivor's  brief,  then  arrangement  to  be  the  same 
as  Indian  wars  survivor,  followed  by: 
Evidence  of  death  of  soldier. 
Evidence  of  marriage  to  soldier. 
Evidence  as  to  prior  marriage. 
Evidence  as  to  continued  widowhood, 
76704°— 15 i 


48  REGULATIONS   GOVERNING    PENSION   BUREAU. 

If  there  is  a  survivor's  brief/  then  widow's  brief  should  consist  of: 

Face  brief. 

Declarations. 

Claimant's  statements. 

Powers  of  attorney. 

Evidence  of  identity. 

Evidence  of  death  of  soldier. 

Evidence  of  marriage  to  soldier. 

Evidence  as  to  prior  marriage. 

Evidence  of  continued  widowhood. 

ARMY  NURSE. 

212.  Face  brief. 
Declarations. 
Claimant's  statements. 
Department  reports. 

Evidence  as  to  service  (when  required). 
Evidence  as  to  inability  to  earn  a  support. 

DIVISION  OF  PENSION.     (ACT  OF  MARCH  3.  1833.) 
WIFE. 

213.  Face  brief.     (If  more  than  one,  in  cases  submitted  to  the 
special  examination  division,  nothing  to  appear  between  them.) 

Index  (if  any). 

Declarations  (in  order  of  filing,  oldest  first). 

Sworn  statements  of  claimant  (in  order  of  filing,  oldest  first). 

Unsworn  statements  of  claimant  (in  order  of  filing,  oldest  first). 

Power  of  attorney  (claimant's). 

Evidence  of  marriage. 

Evidence  as  to  prior  marriage. 

Evidence  of  no  divorce. 

Evidence  of  desertion,  good  moral  character,  and  necessitous  cir- 
cumstances, in  order  stated. 

Copy  of  assessment  record. 

Evidence  of  nonresidence  in  a  home  for  wives  and  children  of 
soldiers  and  sailors. 

Miscellaneous  evidence. 

Acknowledgment  by  finance  division  of  order  of  suspension  and 
report  as  to  post-office  address  of  pensioner. 

Statement  by  governor  of  home  of  amount  of  pension  suspended. 

Report  of  governor  of  home  as  to  date  of  admission  and  residence 
hi  home. 

Registry  return  receipt  card. 

Thirty-day  notice  to  pensioner  (if  returned). 

Sworn  statements  of  pensioner  (in  order  of  filing,  oldest  first). 


RKOULATIONS   GOVERNING  PENSION   BUREAU.  49 

Unsworn  statements  of  pensioner  (in  order  of  filing,  oldest  first). 
Power  of  attorney  (pensioner's). 
Pensioner's  family  data  circular  (if  any). 
Testimony  in  support  of  pensioner's  contentions. 
All  correspondence  with  witnesses  to  follow  the  affidavits  to  which 
they  refer. 

MINORS   AND   HELPLESS   AND   DEPENDENT   CHILD. 

(Division  of  Pension.) 

214.  Face  brief.     (If  more  than  one,  in  cases  submitted  to  the 
special  examination  division,  nothing  to  appear  between  them.) 

Index  (if  any). 

Declarations  (in  order  of  filing,  oldest  first). 

Letters  of  guardianship  (if  any). 

Sworn  statements  of  guardian  or  next  friend  (in  order  of  filing, 
oldest  first). 

Unsworn  statements  of  guardian  or  next  friend  (in  order  of  filing, 
oldest  first). 

Power  of  attorney  (guardian's  or  next  friend's). 

Evidence  of  marriage  of  mother. 

Evidence  as  to  prior  marriage. 

Evidence  of  birth  of  child  or  children. 

Evidence  of  divorce  or  death  of  mother. 

Evidence  of  desertion. 

Evidence  of  permanent  helplessness  and  dependence. 

Evidence  that  pensioner  has  not  remarried  or  that  his  present 
wife  has  no  title  to  one-half  pension. 

Evidence  of  nonresidence  in  home  for  wives  and  children  of  soldiers 
and  sailors. 

Miscellaneous  evidence. 

Acknowledgment  by  finance  division  of  order  of  suspension  and 
report  as  to  post-office  address  of  pensioner. 

Statement  by  governor  of  home  of  amount  of  pension  suspended. 

Report  of  governor  of  home  as  to  date  of  admission  and  residence 
hi  home. 

Registry  return  receipt  card. 

Thirty-day  notice  to  pensioner  (if  returned). 

Sworn  statements  of  pensioner  (in  order  of  filing,  oldest  first). 

Unsworn  statements  of  pensioner  (in  order  of  filing,  oldest  first). 

Power  of  attorney  (pensioner's). 

Pensioner's  family  data  circular  (if  any). 

Testimony  in  support  of  pensioner's  contentions. 

All  correspondence  with  witnesses  to  follow  the  affidavits  to  which 
they  refer. 


50  REGULATIONS  GOVERNING  PENSION   BUREAU. 

CASES  REPORTED  TO  THE  COMMISSIONER. 

215.  Every  claim,  the  allowance  of  which  results  in  the  reopening 
and  admission  of  another  claim  previously  rejected,  based  on  the 
same  military  or  naval  service,  shall  be  submitted  to  the  Commis- 
sioner of  Pensions  for  review  before  a  certificate  is  issued. 

ADDRESSES  OF  CLAIMANTS. 

216.  a.  Pensioners  and  claimants  for  pension  desiring  their  mail 
sent  to  cities  or  towns  with  a  population  of  5,000  or  more  having 
free  mail  delivery,  must  give  their  post-office  addresses,  their  street 
and  number,  number  of  post-office  box,  rural  free  delivery  route,  or 
"general    delivery,"     as    the    case    may    be.     "General    delivery" 
addresses  shall  be  accepted  only  in  case  it  be  shown  that  no  other 
address  such  as  above  specified  is  available. 

6.  Addresses  in  care  of  another  person  shall  not  be  accepted  for  the 
transmission  of  pension  certificates  or  anything  of  value,  or  which 
might  be  appropriated  or  wrongfully  used  by  another  person,  nor 
shall  any  communication  be  mailed  to  a  claimant  for  pension  or 
increase  at  a  street  and  number,  or  post  office  box  address  which  is 
the  same  as  that  of  the  attorney  prosecuting  the  claim. 

217.  Where  it  is  shown  that  a  pensioner  or  claimant  has  resided 
for  a  number  of  years  at  the  address  given  in  his  application,  or  has 
more  recently  answered  communications  addressed  to  him  in  which 
street  number,  post-office  box,  or  rural  free  delivery  route  was  not 
used,  it  may  be  assumed  that  another  address  is  not  available. 

SPECIAL  EXAMINATION. 

218.  a.  When   a  special   examination  is   deemed  necessary,   the 
request  therefor  shall  be  made  in  writing  by  the  Chief  of  the  Board  of 
Review,  or  the  Chief  of  the  Law  Division,  or  the  medical  referee. 

&.  A  request  for  such  examination  by  the  adjudicating  divisions 
shall  be  communicated  to  the  Chief  of  the  Board  of  Review. 

c.  The  chief  or  referee  requesting  an  examination  shall  make  an 
epitome  of  the  case  embracing  a  statement  indicating  the  questions 
sought  to  be  determined  and  the  reasons  therefor,  and  communicate 
the  same  to  the  commissioner.  Before  any  matter  shall  be  sub- 
mitted for  special  examination,  it  must  be  approved  by  the  com- 
missioner. 

219.  Index  sheets  shall  be  prepared  in  the  Special  Examination 
Division  in  all  claims  submitted  for  special  examination,  and  should 
be  placed  next  to  the  face  sheet.     The  dates  when  medical  exam- 
inations are  made,  and  not  the  date  of  the  filing  of  the  certificate  in 
the  bureau,  should  be  noted  in  the  index  sheet  in  cases  prepared  for 
special  examination,  and  the  list  of  comrades,  when  required  in  a 


REGULATIONS  GOVERNING   PENSION    BUREAU.  51 

claim  for  special  examination,  should  be  placed  next  to  the  index 
sheet. 

220.  In  all  claims  for  special  examination  involving  identity  the 
reference  to  the  adjudicating  division  should  call  for  a  history  of  the 
organization,  to  be  procured  from  the  library.     No  claim  of  this 
kind  should  be  forwarded  to  the  Special  Examination  Division  which 
does  not  contain  such  a  history.     In  such  cases,  also,  the  Board  of 
Review  should  see  that  the  War  Department  report  contains  a  full 
medical  history  of  treatment,  and  the  personal  description  of  the 
soldier;  also,  that  a  tracing  of  the  soldier's  signature  has  been   ob- 
tained from  the  original  rolls  of  the  Auditor  for  the  War  Depart- 
ment, and  any  documents  that  the  soldier  may  have  filed  to  procure 
bounty  or  back  pay;  and  in  claims  based  on  service  in  the  Navy,  like 
information  should  be  obtained  from  the  Auditor  for  the  Navy 
Department. 

221.  In  the  special  examination  of  an  invalid  or  survivor's  claim, 
when  the  deposition  of  the  claimant  is  taken,  the  special  examiner 
shall  incorporate  therein  a  statement  as  to  the  exact  date  of  his  birth, 
and  what  record  thereof  exists;  also  require  him  to  localize  as  nearly 
as  possible  the  municipality  or  neighborhood  in  which  he  was  born; 
likewise,  have  him  state  the  names  of  his  parents,  brothers,  and 
sisters,  indicating  just  where  they  lived  when  the  United  States  census 
was  taken  in  1850  and  1860,  or  the  first  and  second  times  after  his 
birth;  and  should  take  from  each  invalid  claimant  a  fuh1  and  explicit 
statement  covering  his  marital  history,  whether  there  is  a  family  data 
circular  on  file  in  the  case  or  not ;  and  should  also  have  such  claimant 
state  in  consecutive  order  the  places  and  periods  of  his  residence  since 
leaving  the  service. 

222.  When  it  shall  appear  in  any  claim  that  there  is  a  probability 
of  fraud  or  crime  on  the  part  of  the  claimant,  witnesses,  attorney, 
attesting  magistrate,  or  other  person,  in  connection  with  the  claim 
the  case  may  be  at  once  referred  to  the  Law  Division  for  consideration 
and,  if  proper,  special  examination  may  be  requested  by  the  chief  of 
that  division. 

223.  Reviewers  and  re-reviewers  shall  carefully  examine  all  reports 
of  the  Special  Examination  Division  found  in  cases  which  are  sub- 
mitted to  the  Board  of  Review,  and  after  it  has  taken  its  action 
shall,  where  there  are  criminal  features,  cause  the  cases  to  be  trans- 
mitted to  the  Law  Division,  in  order  that  all  such  reports  may  be 
properly  dealt  with. 

224.  When  it  is  deemed  necessary  to  send  out  an  invalid  claim 
(whether  original,  increase,  or  additional  on  account  of  new  disa- 
bility) for  special  examination,  the  adjudicating  division  in  charge  of 
the  case  should  be  careful  to  see  whether  a  ratable  degree  of  disability 
has  been  shown;  and  if  there  be  any  doubt  upon  this  point,  the  papers 


52  REGULATIONS  GOVERNING  PENSION   BUREAU. 

shall  be  referred  to  the  medical  referee  for  his  opinion.  If,  in  his 
opinion,  no  ratable  disability  be  shown,  the  case  should  not  be  re- 
ferred for  special  examination. 

225.  In  cases  which  are  in  the  field  for  special  examination  and  in 
which  requests  for  permits  to  draw  pensions  are  filed  in  this  bureau, 
the  Chief  of  the  Certificate  Division  shall  obtain  from  the  Chief  of  the 
Special  Examination  Division  the  face  brief  and  index.     He  shalj 
issue  the  permit  in  the  usual  way,  making  a  memorandum  of  the 
facts  on  a  slip  which  is  to  be  attached  to  the  face  brief  temporarily 
and  making  an  entry  of  the  fact  in  a  record  to  be  kept  by  him. 
He  shall    then    return    the  face  brief  and    index    to    the   Special 
Examination  Division.      When  the  case  is   returned  from  the  field 
it  shall  be  sent  immediately  to  the  Certificate  Division,  that  the  usual 
jacket  entries  may  be  made. 

226.  When  a  claim  is  filed  under  any  law  and  it  is  found  that 
claimant  has  a  claim  pending  which  has  been  sent  to  the  field  for 
special  examination,  the  subsequent  claim  shall  at  once  be  briefed  and 
forwarded  to  the  Special  Examination  Division  for  indexing  and  con- 
solidation with  the  original  claim. 

227.  During  the  investigation  of  a  claim  under  an  earlier  act  the 
special  examiner  shah1  also  secure  all  necessary  evidence  for  the  com- 
pletion of  the  claim  subsequently  filed. 

228.  The  special  examiner  shah1  not  return  a  claim  to  the  bureau 
until  he  has  secured  ah1  available  evidence  in  his  territory  relative  to 
the  merits  of  all  pending  claims  in  the  case. 

Upon  the  completion  of  a  claim,  under  any  law,  the  papers,  when 
received  in  the  bureau,  should  be  referred  to  the  Board  of  Review  for 
final  action  upon  the  completed  claim. 

229.  In  all  widows'  and  minors'  claims  where  it  is  found  that  the 
claimant  or  mother  had  another  husband  than  the  soldier  or  sailor, 
it  should  be  made  to  appear  whether  such  other  husband  had  any 
military  or  naval  service. 

230.  When  a  claim  is  in  the  field  for  special  examination  and  it  is 
found  by  the  examiner  that  the  claimant  is  dead,  he  should  return 
the  case  to  the  bureau  with  such  evidence  as  is  available  relative  to 
his  death.     If  knowledge  of  the  death  of  a  claimant  whose  claim  is  in 
the  field  for  special  examination  reaches  the  bureau,  the  case  should 
be  recalled. 

231.  Cases  submitted  to   the  Board  of  Review  by  the  Special 
Examination  Division  should  not  be  returned  to  the  adjudicating  divi- 
sions for  a  call  upon  the  War  Department  to  verify  the  presence  or 
absence  of  comrades  who  have  testified  before  a  special  examiner; 
if  the  information  is  proper,  it  should  be  sought  directly. 

232.  When  contesting  claims  are  filed  a  report  from  the  War 
Department  as  to  the  service  of  the  soldier  should  be  obtained  and 


REGULATIONS  GOVERNING  PENSION   BUREAU.  58 

both  claims  briefed  in  the  usual  manner  and  submitted  to  the  Board 
of  Review  for  reference  to  the  Law  Division.  Where  a  prima  facie 
case  has  been  established  by  one  of  the  contestants  the  board  of 
review  shall  indicate  wherein  special  examination  as  to  general  merits 
is  required,  and  the  Law  Division  shall  prepare  letters  of  instructions 
for  the  guidance  of  the  special  examiner  for  the  purpose  of  having 
such  testimony  taken  as  may  be  necessary  to  determine  whether  any 
criminal  intent  exists  on  the  part  of  either  or  both  of  the  claimants. 
Where  a  prima  facie  case  has  not  been  established  by  either  one  of 
the  contestants,  the  reference  to  the  Law  Division  shall  be  made 
without  recommendation,  for  such  action  as  that  division  may  deem 
advisable  to  take  in  determining  the  presence  or  absence  of  criminal 
features. 

REJECTED  CLAIMS. 

233.  When  a  claim  for  pension  or  increase  of  pension  is  rejected, 
the  claimant  and  attorney,  if  any,  shall  be  notified  at  once  of  the  action 
taken. 

234.  If,  during  its  pendency,  a  claim  was  called  up  by  a  Member 
of  either  House  of  Congress  who  is  still  in  office,  a  letter  shall  be 
written  him,  giving  the  claimant's  post-office  address,  stating  that 
the  claim  has  been  rejected  and  that  claimant  has  been  duly  advised 
of  such  action. 

235.  Appeals  must  be  filed  with  the  Commissioner  of  Pensions. 
While  no  form  is  prescribed,  the  appeal  must  be  in  writing  stating  the 
name,  service,  number  of  claim,  and  the  date  of  the  action  from 
which  the  appeal  is  taken,  and  specifically  pointing  out  the  alleged 
mistake  of  fact  or  error  of  law  in  the  adjudication  of  the  claim  by 
the  Commissioner  of  Pensions.     The  commissioner  will   thereupon 
forward  the  appeal  to  the  Secretary,  unless  there  is  a  reconsideration 
in  the  Pension  Bureau. 

No  appeal  will  be  entertained  unless  filed  within  one  year  from  the 
date  of  notice  of  final  action  or  order  of  which  complaint  is  made. 
The  appellant  should  always  state  the  name,  number,  and  service. 

ABANDONED  CLAIMS. 

236.  The  following  practice  should  be  observed  as  to  abandoned 
claims : 

a.  Calls  for  status  by  claimants,  attorneys,  or  Members  of  Congress 
should  be  answered,  and  the  information  given  that  prosecution  of 
the  claim  has  been  abandoned. 

6.  Such  claims  should  be  revived  upon  the  expression  in  writing  of 
the  desire  on  the  part  of  the  claimant  to  further  prosecute  the 
claim.  Upon  such  a  statement  being  made,  claimant  should  be 
fully  advised  as  to  the  nature  of  the  evidence  further  required. 


54  REGULATIONS   GOVERNING  PENSION   BUREAU. 

c.  Attorneys  should  be.  treated  as  duly  authorized  upon  written 
information  from  the  claimant  that  they  are  such  attorneys,  and  that 
such  attorneys  have  a  valid  power  of  attorney  on  file  with  the  papers 
in  the  case.  If  a  new  attorney  claims  authority,  he  shall  cause  to  be 
filed  a  valid  power  of  attorney. 

237.  Claims  drawn  from  the   abandoned  files  for  submission  to 
the  Board  of  Review  for  consideration  of  additional  evidence  filed, 
should  have  a  distinctive  slip  fastened  to  the  outside  in  the  pending 
files,  unless  properly  reopened. 

APPEALS  TO  COMMISSIONER. 

238.  When  a  chief  of  division  in  which  a  claim  is  being  adjudicated 
disagrees  with  the  requirements  of  the  Board  of  Review,  he  may  ap- 
peal therefrom  to  the  Chief  of  the  Board  of  Review  for  his  per- 
sonal decision,  the  point  or  points  at  issue  being  clearly  and  con- 
cisely stated,  and   should  his   opinion   sustain  the  action  appealed 
from,  the  Chief  of  the  Adjudicating  Division  may  then  refer  the 
case  to  the  commissioner  for  a  final  decision. 

239.  a.  Claims  involving  questions  of  marriage  or  divorce  shall  be 
adjudicated  in  the  proper  division  and  then  submitted  for  action  in 
the  Board  of  Review.     Should  the  Board  of  Review  be  in  doubt,  the 
question  shall  be  referred  to  the  Law  Division  for  opinion.     From 
such  opinion  the  chief  of  the  board  may  appeal  to  the  commissioner. 

b.  Should  such  a  claim  be  rejected  in  the  Board  of  Review  and 
returned,  in  the  ordinary  course,  to  the  Adjudicating  Division,  the 
chief  of  said  division,  if  he  disagree  with  the  conclusions  of  the  board, 
may  refer  the  case  to  the  Chief  of  the  Board  of  Review  for  his  personal 
consideration  of  the  questions  involved   and  his  opinion  thereon. 
Should  his  opinion  sustain  the  action  of  rejection,  the  Chief  of  the 
Adjudicating  Division  may  then  refer  the  claim  to  the  commissioner 
on  appeal,  and  the  commissioner  may  refer  it  to  the  Law  Division 
for  its  opinion,  or  may  himself  render  directly  his  own  opinion  on  the 
question  being  considered. 

c.  This  does  not  deny  the  right  of  the  Adjudicating  Division,  with 
the  consent  of  the  commissioner,  to  refer  a  pending  claim  to  the  Law 
Division  for  an  opinion  prior  to  the  completion  of  the  same  for  sub- 
mission to  the  Board  of  Review. 

d.  No  case  shall  be  presented  from  any  division  to  the  commis- 
sioner, deputy  commissioner,   Board  of  Review,  Law  Division,  or 
medical  referee  for  decision,  opinion,  or  examination,  except  in  the 
usual  course  of  progression  through  the  chief  of  the  division  in  which 
the  case  is  adjudicated,  or  at  his  instance  and  with  his  approval. 


REGULATIONS  GOVERNING  PENSION   BUREAU.  56 

PRACTICE  IN  PENSION  AND  BOUNTY-LAND  APPEALS. 

RULES  PROMULGATED  BY  THE  ASSISTANT  SECRETARY  OF  THE  INTERIOR. 

[240.]  RULE  I. — Except  as  herein  otherwise  provided,  an  appeal 
may  be  taken  to  the  Secretary  of  the  Interior  from  the  final  action  or 
order  of  the  Commissioner  of  Pensions  in  all  matters  relating  to  pen- 
sions or  bounty  land,  and  a  separate  appeal  must  be  filed  in  each 
claim. 

[241.]  RULE  II. — Appeals  must  be  filed  with  the  Commissioner  of 
Pensions.  The  commissioner  will  thereupon,  within  30  days  from  the 
filing  of  said  appeal,  consider  and  determine  whether  the  action  or 
order  from  which  the  appeal  is  taken  shall  be  adhered  to;  and  if  he 
shall  determine  not  to  recede  therefrom,  he  shall,  within  said  period 
of  30  days,  forward  said  appeal,  together  with  the  record  in  the 
case  and  a  report  stating  his  reasons  for  the  action  or  order  com- 
plained of,  to  the  department;  and  said  appeal  shall  thereupon 
be  entered  upon  a  docket  kept  for  that  purpose.  Upon  the  per- 
fection of  such  appeal,  by  transmission  and  docketing  aforesaid,  the 
jurisdiction  of  the  commissioner  shall  cease  and  determine,  and  the 
case  will  be  decided  by  the  Secretary  on  the  record.  Copies  of  the 
decision  of  the  Secretary  shall  be  transmitted  with  said  record  to  the 
Commissioner  of  Pensions  for  action  in  accordance  therewith.  One 
copy  of  the  decision  shall  be  transmitted  by  the  commissioner  to  the 
appellant  or  his  duly  accredited  attorney. 

[242.]  RULE  III. — (a)  Except  as  hereinafter  stated,  the  time  for 
filing  an  appeal  shall  be  one  year  from  the  date  of  notice  of  the  final 
action  or  order  of  which  complaint  is  made. 

(b)  In  simultaneous  contesting  claims,  where  one  is  admitted  and 
one  rejected,  the  time  allowed  for  the  filing  of  an  appeal  shall  be  30 
days  from  the  date  of  mailing  of  notice  of  the  bureau  action  to  the 
claimant  to  whom  the  action  is  adverse.     In  such  claims  the  Com- 
missioner of  Pensions  will  promptly  notify  all  parties  in  interest  of 
the  action  taken  by  registered  letter,  inclosing  a  copy  of  this  rule  and 
expressly  inviting  attention  to  the  fact  that  an  appeal  will  not  be  en- 
tertained unless  filed  within  the  period  of  30  days  herein  prescribed. 

(c)  Upon  the  filing  of  an  appeal,  all  parties  whose  interests  may 
be  adversely  affected  by  the  decision  shall  be  notified  by  registered 
letter  of  the  filing  of  the  appeal  and  of  the  substance  thereof  and  al- 
lowed 30  days  from  the  date  of  the  mailing  of  such  notice  within 
which  to  file  brief  or  argument  in  answer  thereto  before  the  papers 
are  forwarded  to  this  department. 

The  return  of  a  registered  letter,  unclaimed,  containing  notice, 
addressed  to  the  last  known  postofnce  address,  shall  constitute  suffi- 
cient evidence  of  notice. 


f)ti  REGULATIONS  GOVERNING  PENSION    BUREAU. 

[243.1  RULE  IV. — In  each  appeal  the  name  and  service  of  the  sol- 
dier, on  account  of  whose  service  the  claim  is  based,  must  be  stated, 
together  with  the  number  of  claim,  the  law  under  which  the  claim  is 
prosecuted,  and  the  date  and  substance  of  the  action  from  which  the 
appeal  is  taken. 

[244.]  RULE  V. — No  appeal  will  be  entertained  from  the  refusal  of 
the  Commissioner  of  Pensions  to  recognize  attorneys  or  agents  in 
prosecuting  claims  for  pension  or  bounty  land  under  any  law  wherein 
the  payment  of  a  fee  for  such  service  is  prohibited. 

[245.]  RULE  VI. — An  appeal  by  an  attorney  will  not  be  entertained 
unless  he  has  filed  a  duly  executed  power  of  attorney  for  this  purpose 
from  the  appellant  or  is  entitled  under  ths  rules  to  recognition;  and 
no  appeal,  brief,  motion,  pleading,  or  other  paper  or  communication 
relative  to  a  case  on  appeal,  filed  by  a  firm  of  attorneys  or  agents, 
shall  be  received  or  docketed  unless  the  same  be  signed  individually 
by  one  or  more  duly  qualified  members  of  such  firm. 

[246.]  RULE  VII. — An  appeal  taken  on  behalf  of  a  claimant  by  or 
through  a  suspended  or  disbarred  attorney  will  not  be  entertained. 

[247.]  RULE  VIII. — No  appeal  pertaining  to  the  allowance  of  a  fee 
when  the  refundment  has  been  called  for  will  be  entertained  unless 
refundment  as  required  shall  have  been  made. 

[248.]  RULE  IX. — The  Commissioner  of  Pensions  shall  return  to  the 
appellant  any  appeal  not  in  conformity  with  the  provisions  of  Rules 
III  to  VIII,  inclusive,  stating  wherein  the  appeal  is  defective. 

[249.]  RULE  X. — In  proceedings  before  the  commissioner  in  which 
he  shall  decide  that  a  party  has  no  right  to  appeal  to  the  Secretary  or 
that  said  appeal  may  not  be  entertained  under  the  provisions  of  the 
foregoing  rules,  such  party  may  apply  to  the  Secretary  for  an  order 
directing  the  commissioner  to  certify  such  action,  together  with  the 
record  in  the  case,  to  the  department;  and  such  application  shall  be 
in  writing,  under  oath,  and  shall  fully  and  specifically  set  forth  the 
grounds  upon  which  the  same  is  based.  If  upon  a  hearing  of  the 
application  the  Secretary  shall  grant  a  writ  of  certiorari  under  this 
rule  the  jurisdiction  of  the  department  shall  be  ample  for  the  correc- 
tion of  any  error  appearing  in  the  record. 

[250.]  RULE  XI. — Each  appeal  must  contain  specific  assignments 
of  the  alleged  mistake  of  fact  or  error  of  law  in  the  adjudication  of 
said  claim  by  the  Commissioner  of  Pensions,  and  any  appeal  insuffi- 
cient in  this  respect  may  be  dismissed  by  the  Secretary. 

[251.]  RULE  XII. — a.  A  motion  for  reconsideration  of  any  de- 
partmental decision  may  be  filed  with  and  entertained  by  the  Sec- 
retary, in  his  discretion,  if  filed  within  30  days  from  the  date  of  mail- 
ing a  copy  of  such  decision  to  the  last  known  post-office  address  of  the 
claimant  or  his  attorney  of  record.  It  must  be  shown  in  said  motion 


REGULATIONS  GOVERNING   PENSION    BUREAU.  57 

i 

that  some  material  feature  of  the  case  has  not  been  considered  in  said 
decision  or  that  there  was  error  of  law  or  material  mistake  of  fact. 

b.  And  in  any  case  involving  conflicting  claims  of  two  or  more 
parties  wherein,  under  either  Rule  III  or  Rule  XIII,  the  right  of 
appeal  is  limited  to  30  days  there  shall  he  a  stay  of  execution  of  the 
departmental  decision  until  the  expiration  of  the  period  within  which 
a  motion  for  reconsideration  may  be  filed,  unless  for  especial  cause 
mandate  forthwith  shall  issue. 

[252.]  RULE  XIII. — Upon  the  adjudication  of  a  claim  for  division 
of  pension  under  the  act  of  March  3,  1899,  in  the  Bureau  of  Pensions, 
both  parties  will  be  promptly  notified  by  the  bureau,  by  registered 
letter,  of  the  action  taken.  Each  party  will,  in  the  absence  of  waiver, 
be  allowed  30  days  from  the  mailing  of  said  notice  to  appeal  from 
said  action,  the  appeal  to  be  accompanied  by  due  proof  of  service  of 
a  copy  thereof  upon  the  appellee,  as  required  by  Rule  XIV.  Unless 
such  bureau  action  is  appealed  from  within  30  days  from  the  mailing 
of  said  notice,  the  bureau  action  shall  be  deemed  to  be  final. 

Provided,  The  unexplained  failure  of  a  pensioner  to  appear,  answer, 
or  in  any  way  plead  to  the  claimant's  application,  after  due  notice 
thereof  by  the  bureau,  will  be  deemed  a  waiver  of  his  right  to  appeal 
to  the  extent  that,  if  the  claim  be  allowed,  final  orders  for  division 
of  pension  may  issue  at  once. 

[253.]  RULE  XIV. — a.  Appeals  from  bureau  action  in  cases  under 
the  first,  second,  and  third  provisos  of  the  act  of  March  3,  1899,  must 
be  accompanied  by  due  proof  of  service  of  a  copy  of  the  appeal  upon 
the  appellee  or  his  or  her  attorney  of  record. 

6.  Proof  of  service  must  be  such  as  will  satisfy  the  Commissioner 
of  Pensions  that  the  appellee  has  been  informed  of  the  appeal  and 
the  contents  thereof,  and  may  consist  of,  first,  a  written  acceptance 
of  service  by  the  appellee  or  his  or  her  attorney  of  record;  or,  second, 
a  postal  registry  return  receipt  card,  signed  by  appellee  or  attorney 
of  record,  accompanied  by  an  affidavit,  showing  that  on  a  certain  date 
a  copy  of  the  appeal  was  mailed  in  a  registered  letter,  postpaid,  to  the 
appellee  or  the  attorney  of  record,  addressed  to  the  appellee  or  his 
attorney  of  record  at  his  last  known  post  office  (naming  it),  that  the 
card  was  returned  in  acknowledgment  of  the  receipt  of  such  letter ; 
or,  third,  an  affidavit  showing  that  on  a  certain  day  and  at  a  certain 
place  a  copy  of  the  appeal  was  personally  delivered  to  the  appellee 
or  attorney  of  record. 

c.  Appeals  in  this  class  of  cases  unaccompanied  by  due  proof  of 
service,  or  a  satisfactory  reason  why  personal  service  can  not  be  made, 
will  not  be  filed  or  considered,  but  will  be  promptly  returned  to  the 
appellant,  or  attorney  of  record,  for  compliance  with  this  rule.     The 
failure  to  comply  with  this  rule  shall  not  operate  to  enlarge  the  time 
within  which  appeal  may  be  taken. 


58  REGULATIONS  GOVERNING   PENSION    BUBEAU. 

[254.]  RULE  XV. — Appeals  from  bureau  action  in  cases  under  the 
first,  second,  and  third  provisos  of  the  act  of  March  3,  1899,  when 
accompanied  by  due  proof  of  service  of  a  copy  thereof  upon  the 
appellee,  will  be  filed  and  the  parties  promptly  notified  thereof.  The 
appellee  will  be  allowed  30  days  from  the  date  of  filing  the  appeal  in 
which  to  file  answer,  brief,  or  argument  in  opposition  to  the  appeal 
or  in  support  of  the  action  from  which  the  appeal  is  taken.  An  appeal 
duly  filed  will  operate  to  continue  the  suspension  of  the  one-half 
pension  in  controversy. 

[255.]  RULE  XVI. — a.  Appeals  from  the  bureau  action  in  cases 
under  the  first,  second,  or  third  provisos  of  the  act  of  March  3,  1899, 
must  be  confined  to  cases  under  that  act,  and  not  joined  with  an 
appeal  from  action  in  an  invalid  claim  or  claims  under  other  acts  of 
Congress.  When  perfected  by  due  proof  of  service  upon  the  appellee, 
as  required  by  Rule  XIV,  the  appeal  should  be  transmitted  to  the 
Commissioner  of  Pensions.  The  appeal  should  state  the  post-office 
address  of  the  appellant  and  appellee,  and  the  certificate  number 
and  the  service  (company  and  regiment,  etc.)  of  the  pensioner,  and 
should  briefly,  but  specifically,  state  the  error  of  law  or  mistake  of 
fact  complained  of  and  the  grounds  relied  upon  for  reversing  or 
modifying  the  action  appealed  from. 

6.  No  additional  evidence  upon  the  merits  of  the  claim  filed  by 
either  appellant  or  appellee  will  be  considered  on  appeal. 

[256.]  RULE  XVII. — Motions  for  review  of  departmental  decisions 
in  cases  for  division  of  pension  under  the  act  of  March  3,  1899,  will 
hereafter  be  governed  by  the  provisions  of  Rule  XII.  If  the  motion 
be  allowed,  the  opposing  party  will  be  notified  thereof  and  allowed 
30  days  in  which  to  file  answer,  brief,  or  argument. 

[257a.]  RULE  XVIII. — All  cases  on  appeal  will  be  considered  and 
decided  in  regular  order,  according  to  their  places  upon  the  docket, 
unless,  for  cause  shown,  a  case  may  be  advanced,  on  motion,  for 
earlier  hearing  and  determination.  Every  such  motion  shall  set 
forth  succinctly  the  grounds  upon  which  it  is  based  and  must  be 
supported  by  the  affidavits  of  at  least  two  disinterested  parties 
cognizant  of  the  facts  upon  which  the  motion  is  based.  No  such 
motion  will  be  granted  except  in  cases  involving  points  of  pension 
law  of  general  application  affecting  other  claims,  unless  it  appears 
that  the  appellant  is  in  extreme  indigent  circumstances  or  is  ill 
without  reasonable  hope  of  recovery. 

[2576.]  RULE  XIX. — In  all  cases  appealed  to  the  Secretary  of  the 
Interior  a  copy  of  the  decision  shall  be  mailed  to  the  party  in  interest 
or  his  or  her  attorney  of  record,  and  the  mandate  of  the  same  shall  be 
carried  into  effect  within  15  days  from  the  date  of  the  receipt  of  the 
decision  by  the  Commissioner  of  Pensions,  unless  the  decision  shall 
sooner  be  recalled  by  the  Secretary  of  the  Interior. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  59 

ACTION  IN  BUREAU  ON  APPEALS. 

258.  a.  All  notices  of  appeal  when  received  in  the  bureau  shall  be 
forwarded  at  once  to  the  Board  of  Review,  where  they  shall  be  jacketed 
and  recorded,  the  date  of  filing  being  left  blank.     Those  relating  to 
claims  for  half  pension  under  act  of  March  3,  1899,  or  allowance  of  a 
fee,  or  recognition  of  an  attorney,  shall  then  be  sent  to  the  Law  Division. 

&.  The  Board  of  Review  shall  consider  all  other  notices  of  appeal 
and  determine  whether  they  conform  with  the  provisions  of  the  Rules 
of  Practice  hi  Pension  and  Bounty  Land  Appeals,  and  each  one  which 
does  not  shall  be  returned  to  the  appellant  with  a  letter  stating  wherein 
it  is  defective. 

c.  If  the  notice  be  found  to  conform  with  said  rules,  the  date  of 
filing  the  same  shall  be  noted  on  the  appeal  jacket,  and  it  shall  there- 
upon be  considered  and  determined  whether  the  action  or  order  from 
which  appeal  is  taken  shall  be  adhered  to. 

d.  If  it  shall  be  determined  to  recede  from  the  action  or  order  in 
question,  the  case  shall  be  forwarded  to  the  proper  adjudicating  division 
with  a  letter  over  the  commissioner's  signature,  directing  the  action  to 
be  taken  in  the  case. 

259.  a.  When  notice  of  appeal  in  reference  to  fee  or  recognition  of 
an  attorney  is  filed  the  Law  Division  shall  determine  whether  the 
same  is  in  due  form.      If  it  be  in  due  form,  date  of  filing  shall  be 
indorsed  on  the  appeal  jacket  and  said  division  shall  then  determine 
whether  the  order  or  action  complained  of  shall  be  adhered  to.     If 
it  shall  be  determined  to  recede  from  the  action  or  order,  the  appel- 
lant shall  be  so  advised  and  the  case  shall  be  forwarded  to  the  proper 
division  through  the  Board  of  Review,  in  order  that  the  record  of  the 
appeal  may  be  completed. 

6.  If  it  shall  be  determined  to  adhere  to  the  action  or  order,  the 
appeal,  together  with  the  record  in  the  case  and  a  report  stating  the 
reasons  for  the  action  or  order  complained  of,  shall,  within  30  days 
from  the  date  of  filing  of  the  appeal,  be  forwarded  through  the 
Board  of  Review  to  the  Secretary  of  the  Interior. 

260.  a.  When  a  perfected  appeal  relating  to  "half  pension"  shall 
have  been  received  in  the  Law  Division,  the  date  of  filing  same  shall 
be  noted  upon  the  appeal  jacket,  and  the  parties  and  their  attorneys  (if 
any)  shall  be  notified  of  the  filing  of  the  appeal  and  the  appellee  and 
his  or  her  attorney  (if  any)  allowed  30  days  within  which  to  file  an 
answer,  brief,  or  argument  in  opposition  to  the  appeal  and  hi  support 
of  the  bureau  action.     Upon  the  receipt  of  an  answer,  brief,  or  argu- 
ment in  opposition  to  the  appeal,  or  upon  the  expiration  of  the  time 
for  filing  the  same,  the  Law  Division  shall  determine  whether  the  order 
or  action  complained  of  shall  be  adhered  to,  and  if  it  be  determined 
not  to  adhere,  the  proper  action  shall  be  taken  and  the  case  forwarded 
to  the  Board  of  Review  to  complete  the  record  of  the  appeal, 


60  REGULATIONS   GOVERNING   PENSION    BUREAU. 

b.  If  it  shall  be  determined  to  adhere  to  the  order  or  action  from 
which  the  appeal  is  taken,  the  appeal,  together  with  the  record  in  the 
case  and  a  report  stating  the  reasons  for  the  order  or  action  hi  question, 
shall  be  promptly  forwarded,  through  the  Board  of  Review,  to  the 
Secretary  of  the  Interior. 

GUARDIANSHIP. 

261.  In  claims  for  pensions  filed  in  behalf  of  persons  laboring  under 
legal  disability,  letters  of  guardianship  should  not  be  called  for  by 
the  Adjudicating  Division.     When  the  claim  is  established,  payment 
shall  be  directed  to  the  duly  appointed  guardian,  the  Finance  Di- 
vision shall  call  for  the  proper  evidence  of  guardianship  and  be  held 
strictly  accountable  for  the  certification  for  payment  of  the  pension. 

262.  In  claims  prosecuted  by  guardians  where  a  discrepancy  ap- 
pears in  the  name  of  the  guardian  as  signed  to  the  declaration  and  as 
given  in  the  evidence  of  appointment,  and  identity  is  accepted,  the 
name  of  the  guardian  should  be  given  on  the  face  brief  as  it  appears 
in  the  evidence  of  appointment.     No  marginal  note  as  to  the  discrep- 
ancy in  name  is  necessary. 

263.  When  a  pensioner  is  put  under  guardianship  the  action  of  the 
court  shall  be  recognized  by  this  bureau  and  payment  of  pension  shall 
be  made  to  the  guardian  of  such  pensioner  upon  receipt  by  the  Finance 
Division  of  the  proper  evidence  of  his  appointment  and  the  sufficiency 
of  his  bond. 

264.  Every  guardian,  or  other  person  receiving  pension  in  a  fidu- 
ciary capacity,  must  biennially  file  in  the  bureau  a  certificate  of  the 
court  to  which  such  fiduciary  is  accountable,  showing  that  he  has 
accounted  to  the  court,  as  required  by  law,  and  that  the  account  has 
been  approved  or  that  the  requirement  for  accounting  has  been  waived 
by  the  court,  if  such  is  the  fact.     Blank  form  of  certificate  shall  be  fur- 
nished each  ^guardian  or  committee  and  must  be  used  by  him.     In 
case  of  failure  to  file  such  certificate,  payment  on  the  voucher  with 
which  it  is  required,  and  all  subsequent  payments,  shall  be  withheld 
pending  the  receipt  thereof. 

265.  Where  a  widow's  name  has  been  stricken  from  the  rolls  or  she 
has  been  denied  pension  on  the  ground  of  open  and  notorious  adul- 
terous cohabitation  and  pension  has  been  granted  to  the  child  or 
children,  the  papers  in  the  case  shall  accompany  the  certificate  to  the 
Finance  Division.      In  such  case  the  Board  of  Review  shall  by  a 
proper  notation  attached  to  the  face  brief  direct  the  attention  of  the 
Certificate  Division  to  this  requirement.     If  such  widow  files  letters 
of  guardianship  no  payment  shall  be  made  to  her  as  guardian,  but  the 
question  shall  be  referred  to  the  Law  Division  for  proper  action. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  61 

CERTIFICATES. 

266.  In  all  issues  made  upon  the  basis  of  naval  service,  the  name  of 
the  vessel  upon  which  the  service  was  rendered  shall  be  entered,  but 
not  including  receiving  ships. 

267.  All  certificates  issued  shall  be  sent  by  the  Certificate  Division 
to  the  Finance  Division. 

268.  In  all  invalid  pension  certificates  issued  under  the  general  law, 
the  particular  disabilities  for  which  pension  is  granted  shall  be  stated. 

269.  Notice  to  claimants  of  the  issue  of  certificates  shall  be  given 
only  on  allowances  where    attorneys    fees   are  to  be  deducted  or 
withheld. 

270.  When  an  original  certificate  issues,  and  the  case  is  sent  to 
the  admitted  files,  the  Certificate  Division  shall  make  a  slip  in  addi- 
tion to  the  issue  slip,  showing  the  certificate  number,  name,  service, 
and  date  sent  to  the  admitted  files,  which  slip  shall  be  sent  to  the 
proper  adjudicating  division  to  be  placed  in  the  files  for  future 
reference. 

CORRECTION  OF  ERRORS  IN  CERTIFICATES. 

271.  a.  Certificates  and  accompanying  papers  requiring  corrections 
shall  be  sent  by  the  Chief  of  the  Finance  Division  to  the  Chief  of  the 
Certificate  Division,  who  shall  cause  all  errors  to  be  promptly  cor- 
rected and  return  the  papers  to  the  Finance  Division. 

&.  If  the  errors  are  of  such  a  nature  that  they  can  not  be  cor- 
rected in  the  Certificate  Division,  the  chief  of  that  division  shall  send 
the  papers  to  the  Board  of  Review  with  a  blue  card  attached  headed 
"Immediate."  The  Chief  of  the  Board  of  Review  shall  have  such 
cases  taken  up  immediately  after  their  receipt  and  the  errors  cor- 
rected, and  the  papers  returned  to  the  Certificate  Division.  If  it  be 
necessary  to  return  such  cases  to  the  adjudicating  divisions  for  the 
purpose  of  obtaining  additional  information,  they  shall  be  treated 
at  all  stages  of  their  progress  as  " special,"  the  intention  being  to 
have  all  errors  corrected  and  the  papers  returned  to  the  Chief  of 
the  Certificate  Division  with  the  least  possible  delay. 

c.  If  the  papers  in  the  case  have  been  sent  to  the  field  for  special 
examination  and  the  error  can  not  be  corrected  in  their  absence, 
they  shall  be  immediately  recalled  so  as  to  facilitate  the  correction 
of  the  certificate. 

272.  No  alteration  in  a  number,  name,  service,  or  other  entry  on 
the  face  of  a  certificate  jacket  shall  be  made  except  in  the  Certificate 
Division.     If  errors  are  found  on  the  jacket,  they  should  be  called  to 
the  attention  of  the  Chief  of  the  Certificate  Division  for  correction. 

REISSUES  IN  LIETT  OF  LOST  CERTIFICATES. 

273.  When  a  new  certificate  is  issued  by  the  Certificate  Division 
to  replace  a  certificate  lost  or  destroyed,  it  shall  be  called  a  "  Reissue 
in  lieu  of  lost  certificate  dated   ,"  etc.,  instead  of  a 


62  REGULATIONS   GOVERNING   PENSION   BUREAU. 

"Duplicate"  certificate,  and  it  shall  contain  all  the  provisions  of  the 
lost  pension  certificate. 

274.  Applications  for  reissues  in  lieu  of  lost  certificates  wherein  the 
last  issue  shows  a  rating  less  than  that  provided  for  by  the  act  of 
March  19,  1886,  March  2,  1895,  or  April  19,  1908,  shall  be  acted  upon 
by  the  Certificate  Division,  and   the   new  certificates  when  issued 
shall,  after  having  been  properly  stamped  to  show  the  increased  rate, 
be  forwarded  to  the  Finance  Division  for  transmission  to  the  pen- 
sioner.    Such  certificates  affected  by  the  act  of  Mr.rch  19, 1886,  shall 
be  stamped  "Increased  to  $12  per  month  from  March  19,  1886,  by 
act  of  that  date."    Those  affected  by  the  act  of  March  2,  1895,  shall  be 
stamped  "Increased  to  $6  per  month  from  March  2,  1895,  by  act 
of  that  date";  and  those  affected  by  the  act  of  April  19, 1908,  shall  be 
stamped  "Increased  to  $12  per  month  from  April  19,  1908,  by  act 
of  that  date." 

SPECIAL  ACTS. 

275.  Upon  the  receipt  in  this  bureau  of  a  certified  copy  of  a  special 
pension  act,  the  chief  clerk  shall  make  copies,  over  his  own  certificate, 
of  the  several  sections  thereof,  and  immediately  forward  same  to  the 
Record  Division  to  be  given  the  number  of  the  claim  on  file,  or,  if 
there  be  no  claim  on  file,  to  jacket  and  number  the  same.     The  said 
copies  shall  then  be  transmitted  to  the  Law  Division,  which  shall 
record  them,  separate  them  according  to  services,  and  send  them  to 
the  proper  adjudicating  divisions,  accompanied  by  a  copy  of  the  report 
upon  the  act.     Upon  the  issuance  of  the  certificate  in  each  case,  infor- 
mation shall  be  sent  to  the  Law  Division  for  entry  upon  its  records, 
showing  the  date  of  the  special  act,  the  date  of  commencement  of 
pension,  rate  allowed  prior  to  passage  of  the  special  act,  rate  allowed 
by  the  special  act,  and  the  increase  occasioned  thereby. 

276.  In  issuing  certificates  for  pension  granted  by  special  acts 
wherein  the  rate  is  fixed,  no  disability  shall  be  named  in  the  invalid 
special-act  certificate,   but    the  words   "  Under   special  act,   dated 
,"  shall  be  substituted  therefor. 

277.  A  duplicate  card  headed  in  red  ink  " Special  act"  shall  be 
made  in  the  Certificate  Division  in  all  special-act  cases,  which  shall  be 
forwarded  to  the  Record  Division  for  the  purpose  of  entering  the  cer- 
tificate number  in  the  records  of  said  division. 

278.  The  chief  clerk  shall  forward  all  certified  copies  of  public  acts 
relating  to  pensions  and  pension  laws  to  the  Law  Division  for  filing, 
and  where  said  acts  affect  the  practice  of  the  bureau  the  same  shall  be 
promulgated. 

279.  If  a  beneficiary  in  a  special  act  has  no  claim  before  this 
bureau,  a  declaration  must  be  filed  before  final  action  can  be  taken. 


EEGULATIONS  GOVERNING  PENSION   BUREAU.  63 

CASES  RETURNED  FOR  ACTION  BY   COMMITTEES  OF   CONGRESS. 

280.  When  a  case  is  recalled  or  returned  by  a  committee  of  Con- 
gress for  action  on  any  matter,  and  request  is  made  for  the  return 
of  papers  to  the  committee,  the  Chief  of  the  Law  Division  shall  for- 
ward the  case  to  the  desk  of  the  chief  of  the  proper  division,  with  an 
appropriate  direction.     The  chief  of  the  division  shall  see  that  the 
jiction  indicated  is  promptly  taken,  and  that  immediately  upon  the 
completion  thereof  the  papers  are  forwarded  to  the  Law  Division  for 
return  to  the  committee  of  Congress  from  which  they  were  received. 

REPORT  ON  MERITORIOUS  CLAIMS. 

281.  a.  The  chiefs  of  the  several  divisions  of  this  bureau  shall  report 
to  the  Law  Division,  which  shall  keep  a  record  of  all  claims  which, 
although  meritorious,  can  not  be  allowed  under  the  provisions  of  the 
pension  laws,  in  order  that   a  list   of  all   claimants  for  pension  or 
increase  of  pension  who,  in  the  opinion  of  the  commissioner,  ought 
to  be  placed  upon  the  pension  roll  or  otherwise  provided  for,  and  for 
doing  which  there  is  no  sufficient  power  or  authority,  may  be  pre- 
sented to  Congress,  as  provided  by  joint  resolution  approved  May  29, 
1830. 

Z>.  Such  record  shall  embrace  the  name  of  the  claimant,  service  and 
residence,  number  of  the  claim,  nature  of  the  disability,  or  basis  of 
the  claim,  the  grounds  for  the  rejection,  and  such  remarks  touching 
its  merit  as  may  be  necessary  in  the  preparation  of  the  commissioner's 
report. 

CLAIMS  MADE   SPECIAL. 

282.  A  claim  may  be  made  special  only  by  the  commissioner  or 
deputy  commissioner.     A  record  of  special  action  shall  be  made  upon 
the  books  kept  for  that  purpose,  and  an  orange-colored  slip  shall  be 
placed  on  all  special  cases.     The  use  of  a  slip  of  the  same  size  and 
color  by  attorneys  is  prohibited,  because  of  the  confusing  result  in  the 
I  ureau. 

283.  The  following  claims  shall  be  considered  special,  viz:  Those 
returned  by  the  department  on  appeal,  when  the  decision  is  favorable 
to  the  claimant;  also  claims  of  helpless  children;  also  on  proof  that 
the  claimant  is  destitute  and  unable  to  earn  a  support;  also,  when 
claimant  is  sick  without  hope  of  recovery;  the  cause  to  be  deter- 
mined by  the  commissioner  or  deputy  commissioner. 

INSPECTION  OF  PAPERS. 

284.  The  examination  of  papers  relating  to  claims  for  pension  or 
bounty  land,  by  attorneys,  counsel,  or  agents,  shall  not  extend  to 
reports  from  the  governmental  departments  and  bureaus,  confiden- 

76704°— 15 5 


64  REGULATIONS   GOVERNING  PENSION   BUREAU. 

tial  communications,  or  reports  of  special  examiners  relating  to  crim- 
inal charges  and  investigations. 

285.  a.  The  act  of  July  18,  1894,  which  permits  the  examination 
and  inspection  of  reports  of  examining  surgeons  by  the  claimant  or 
his  attorney,  under  such  reasonable  rules  and  regulations  as  the  Sec- 
retary of  the  Interior  may  provide,  must  be  complied  with  in  such 
manner  as  will  afford  all  proper  information  to  claimants  and  their 
attorneys  in  all  pending  claims,  and  at  the  same  time  interfere  as  little 
as  may  be  with  the  work  of  the  bureau. 

6.  No  one  but  the  claimant  in  person  and  his  recognized  attorney 
in  the  claim,  or  said  attorney's  subagent,  including  the  confidential 
clerk  (duly  accredited)  of  each,  shall  be  permitted  to  examine  the  re- 
ports of  examining  surgeons  filed  in  the  claim,  and  such  examination 
shall  be  made  subject  to  the  rules  of  the  Pension  Bureau  in  respect  to 
the  calling  up  and  examination  of  cases  by  attorneys. 

c.  Said  act  of  Congress  does  not  permit  the  copying  of  such  reports 
or  any  portion  thereof.  No  person  shall  be  permitted  to  take  copies 
or  make  memoranda  from  such  reports. 

286.  No  examination  of  reports  of  examining  surgeons  shall  be  per- 
mitted in  admitted  cases  wherein  there  is  no  claim  pending. 

287.  No  examination  of  such  reports  shall  be  permitted  in  rejected 
cases,  after  the  lapse  of  three  months  from  the  date  of  rejection,  until 
the  claim  has  been  regularly  reopened  according  to  the  practice  of  the 
bureau,  or  unless  an  appeal  from  the  decision  is  pending. 

288.  No  one  except  the  clerk  in  charge  will  be  permitted  to  examine 
any  certificate  of  disability  for  discharge,  report  of  medical  survey, 
or  certificate  of  death  in  the  Navy  before  the  same  shall  have  been 
applied  to  a  pending  claim,  except  upon  the  order  of  the  commissioner, 
deputy  commissioner,  or  chief  clerk,  or  upon  the  written  request  of 
the  Chief  of  the  Law  Division  or  the  Chief  of  the  Special  Examination 
Division. 

CORRE  SPONDENCE . 

289.  All  congressional  calls  for  status  shall  be  promptly  answered, 
and  the  congressional  call-up  slips  shall  be  retained  in  the  files  of  the 
case. 

290.  Members  of  Congress  shall  be  notified  of  the  action  taken  only 
in  claims  in  which  they  make  inquiry  or  in  which  they  have  otherwise 
been  officially  interested.     Attention  is  called  to  section  183  c. 

291.  Every  person  asking  information  relative  to  the  merits  or 
status  of  any  claim  or  matter  pending  before  this  bureau  is  entitled  to 
a  respectful  and  prompt  reply,  and  all  letters  of  inquiry  should  there- 
fore be  answered  as  early  as  practicable  after  their  receipt.     Official 
replies  should  be  fully  responsive  to  the  subject  matter  of  the  request 
and  written  to  the  understanding  of  the  correspondent.     They  should 


REGULATIONS   GOVERNING   PENSION   BUREAU.  65 

be  as  brief  as  is  consistent  with  a  full  and  frank  answer,  stating  all 
the  facts  and  points  necessary;  anything  tending  to  mystification 
or  misleading  the  person  written  to  should  be  avoided.  Informa- 
tion as  to  the  status  or  merits  of  a  claim  shall  be  given  only  to  claim- 
ant, his  recognized  attorney,  Senators  and  Representatives,  and 
heads  of  bureaus,  unless  by  direction  of  proper  authority.  To  those 
not  entitled  to  the  information  requested,  a  response  stating  fully 
why  no  information  can  be  furnished  should  be  made. 

292.  a.  Great  care  should  be  taken  to  avoid  not  only  a  waste  of 
words  in  communications  sent  from  this  bureau,  but  equally  to  avoid 
lack  of  clearness  due  to  attempts  at  brevity.     To  this  end  it  will  be 
well  to  avoid  the  use  of  words  and  phrases  which  may,  perhaps,  be 
called  "office  parlance/'  which,  while  clear  enough  to  employees  of 
the  bureau,  convey  no  particular  meaning  to  others. 

b.  The  statement  that  a  claim  is  rejected  on  the  ground  of  "no 
title,"  etc.,  or  on  the  ground  of  "no  record,"  etc.,  should  be  avoided. 
The  idea  to  be  conveyed  should  be  stated  in  direct  language,  such  as, 
"Rejected  on  the  ground  that  the  soldier  was  not  honorably  dis- 
charged/' etc.,  or,  "Rejected  on  the  ground  that  there  is  no  record  in 
the  War  Department/'  etc.  This  is  specially  applicable  to  forms  of 
rejection  used  by  the  Board  of  Review  which,  while  naturally  and 
properly  followed  in  writing  letters  of  rejection,  are  not  necessarily 
to  be  followed  exactly  in  all  cases. 

293.  When  an  attorney  has  been  disbarred  and  a  claim  in  which 
he  has  been  recognized  is  called  up,  in  giving  status  to  the  claimant, 
or  any  other  person  entitled  thereto,  such  parties  should  be  advised 
that  the  attorney  has  been  disbarred  from  practice. 

294.  No  erasures,  interlineations,  or  underscoring  should  be  made 
on  official  communications  from  the  bureau  containing  the  signature 
of  the  commissioner.     Circular  letters  should  not  be  used  in  corre- 
spondence with  the  Department  of  the  Interior  or  other  departments 
of  the  Government. 

295.  All  communications  to  the  bureau  in  relation  to  any  claim 
filed  therein,  or  other  matter  pertaining  thereto,  should  be  addressed 
to  the  commissioner,  the  deputy  commissioner,  or  the  chief  clerk. 
Communications  addressed  to  any  other  official  or  employee  of  the 
bureau  in  relation  to  any  business  of  the  bureau  should  be  referred  to 
one  of  the  officers  above  named  before  any  action  is  taken  thereon. 

296.  All  official  communications  shall  be  made  in  the  name  of  the 
Commissioner  of  Pensions,  except  that  the  personal  official  corres- 
pondence of  the  deputy  commissioner  may  be  made  in  his  name,  and 
correspondence  between  the  medical  referee  and  examining  surgeons 
relating  to  preparation  of  their  certificates  may  be  in  the  name  of  the 
medical  referee,  and  all  correspondence  relating  to  lost  checks,  indem- 


66  KEGULATIONS   GOVERNING   PENSION   BUREAU. 

nifying  bonds,  and  post-office  addresses  of  pensioners  necessary  to  the 
conduct  of  his  division,  shall  be  conducted  in  the  name  of  the  disburs- 
ing clerk. 

297.  To  secure  uniformity  the  address  in  all  communications  from 
this  bureau  should  be  given  at  the  beginning. 

298.  When  a  soldier  served  under  an  assumed  name  the  alias  shall 
not  be  put  on  the  envelope  when  sending  him  an  official  communica- 
tion, the  only  name  to  be  used  being  that  which  is  his  present  accepted 
name. 

299.  All  communications  addressed  to  inmates  of  soldiers'  homes 
should  have  their  respective  services  noted  on  the  envelope. 

300.  All  official  communications  from  this  bureau  must  be  initialed 
personally  by  the  author  and  be  carefully  reviewed  to  see  that  they 
are  plainly  and  clearly  expressed  without  abbreviations,  interlinea- 
tions, blots,  or  erasures,  and  respectful  and  concise  in  language,  and 
properly  punctuated. 

301.  Official  communications  need  not,  unless  some  special  reason 
therefor  appears,  mention  the  date  of  receipt  of  the  inquiry  to  which 
the  reply  is  made.     The  date  of  such  inquiry  shall,  as  a  rule,  be  suffi- 
cient, and  even  this  may  be  omitted  if  circumstances  warrant. 

302.  The  address  of  registered  articles  mailed  under  the  official 
register  label  of  the  Department  of  the  Interior  must  include  the 
name  of  the  county. 

303.  In  all  letters  or  documents  prepared  in  this  bureau  a  space  of 
not  less  than  2  inches  must  be  left  at  the  top  of  each  page  and  at  least 
one-half  inch  at  the  bottom,  and  a  margin  of  1^  inches  on  the  left 
side  and  1  inch  on  the  right  side,  and  the  page  number  must  be  placed 
at  the  bottom  of  the  page  in  the  center. 

304.  Piecemeal  correspondence  should  be  avoided.     Whenever  a 
call  is  made  for  any  evidence  all  that  is  required  to  settle  the  case 
must  be  included  so  far  as  can  be  foreseen  at  the  time.     No  second 
calls  should  be  made  for  the  same  evidence  except  in  cases  where  it 
is  reasonably  certain  that  neither  the  claimant  nor  his  agent  has 
received  the  first,  and  no  repeated  call  should  be  made  for  evidence 
which  claimant  has  shown  to  be  unobtainable. 

305.  If  in  response  to  a  call  of  this  bureau  evidence  has  been  filed 
in  a  claim  which,  in  the  opinion  of  the  examiner,  is  not  satisfactory, 
he  should  state  fully  the  reasons  why  it  is  not  satisfactory  in  calling 
for  more  to  the  same  point. 

306.  Communications  from  the  executive  branches  of  the  Govern- 
ment or  from  Congress  or  the  committees  thereof,  which  are  received 
in  this  bureau  by  reference  of  the  Secretary  of  the  Interior  upon 
matters  pertaining  to  the  affairs  of  the  bureau,  shall  be  replied  to 
through  the  office  of  the  Secretary. 


REGULATIONS  GOVERNING   PENSION   BUREAU.  67 

307.  Unfailing  courtesy  must  be  observed  in  all  communications 
with  other  executive  departments  and  bureaus,  and  no  statement 
expressing  censure  or  couched  in  terms  of  impertinent  levity  should 
have  place  in  such  communications. 

308.  All  letters  for  foreign  countries  other  than  orders  for  medical 
examination,  and  also  letters  from  the  Disbursing  Division,  should  be 
sent  to  the  desk  of  the  Chief  of  the  Mail  and  Supplies  Division,  who 
must  see  that  the  necessary  postage  stamps  are  affixed  before  mailing. 

309.  Carbon  copies  of  all  typewritten  correspondence  must  be  made 
and  filed  with  the  papers  in  the  claims  to  which  they  refer.     The 
carbon  copy  should  show  the  initials  of  the  author  of  the  communi- 
cation, the  division  in  which  it  was  prepared,  and  the  name  of  the 
commissioner,  acting  commissioner,  or  other  person  by  whom  the 
original  was  signed.     All  carbon  copies  of  letters  in  every  case  must 
be  fastened  together,  that  of  4;he  latest  date  on  top. 

310.  When  it  becomes  necessary  to  make  a  call  for  information 
from  the  records  of  a  private  institution  or  from  a  public  official  for 
use  in  the  adjudication  of  a  claim  pending  before  this  bureau  it  should 
be  stated  in  the  letter  that  the  information  asked  for  is  desired  as  a 
courtesy,  as  there  is  no  general  fund  from  which  a  charge  for  the 
same  may  be  paid.     If  the  reply  indicates  that  the  desired  certificate 
or  statement  can  not  be  furnished  without  the  payment  of  a  fee,  a 
letter  should  be  addressed  to  the  Chief  of  the  Special  Examination 
Division  stating  the  facts  in  the  case  and  requesting  that  a  special 
examiner  be  directed  to  obtain  the  information  needed,  and  in  each 
instance  in  which  a  special  examiner  is  required  to  pay  for  the  infor- 
mation thus  obtained,  he  shall  make  a  charge  in  his  monthly  expense 
account. 

311.  In  corresponding  with  any  branch  of  the  District  of  Columbia 
government   where   the    return   of    the    bureau    communication   is 
requested  a  duplicate  copy  thereof  shall  be  inclosed,  to  be  retained 
in  the  files  of  the  addressee. 

312.  In  corresponding  with  any  United  States  military  or  naval 
home,  the  communication  should  be  addressed  to  the  official  recog- 
nized as  the  head  of  the  institution,  and  not  to  the  individual  in 
charge.     This  applies  also  to  communications  to  all  institutions  of  a 
similar  character. 

313.  Communications  for  consular  officers  of  the  United  States  in 
regard  to  pensioners  residing  in  foreign  countries,  including  orders 
for  their  medical  examination,  shall  be  submitted  to  the  Department 
of  State  through  the  Secretary  of  the  Interior. 

314.  Chiefs  of  division  who  think  it  necessary  to  call  for  evidence 
from  a  foreign  country  which  may  involve  expense  should  communi- 
cate with  the  Special  Examination  Division  and  have  its  approval 
before  incurring  any  liability. 


68  REGULATIONS  GOVERNING  PENSION  BUREAU. 

315.  The  Chief  of  the  Mail  and  Supplies  Division  shall  return  to 
the  writer  all  stamps  and  stamped  envelopes  inclosed  as   prepaid 
postage,  in  correspondence  with  the  bureau. 

316.  a.  The  official  mail  requiring  the  facsimile  signature  of  tho 
commissioner  shall  be  stamped  in  the  division  where  prepared  and 
forwarded  direct  to  the  Mail  and  Supplies  Division  the  same  day. 
This  does  not  refer  to  communications  prepared  in  response  to  calls 
for  status  by  the  officers  of  the  bureau. 

&.  The  names  of  the  persons  having  charge  of  the  facsimile  stamps 
shall  be  recorded  in  a  book  kept  for  the  purpose  in  the  chief  clerk's 
room,  and  each  individual  shall  be  held  personally  responsible  for  the 
proper  use  and  care  of  the  same.  The  stamps  must  be  locked  up 
when  not  in  use. 

JACKETS  AND  INDORSEMENTS. 

317.  Mutilated  claim  jackets  and  those  on  which  the  indorsement 
spaces  have  been  filled  should  be  replaced  by  new  ones  and  the  old 
ones  retained   and  placed  within   the   new.     There   should  be  no 
indorsements  on  the  inside  of  a  jacket,  as  they  are  liable  to  be  over- 
looked.    The  indorsement  on  a  jacket  should  be  of  sufficient  clear- 
ness and  fullness  that  anyone  reading  the  same  may  know  what  is 
meant.     Reference  to  forms  and  circulars  by  number  and  to  "copy 
of  letter  within,"  or  any  other  notation  making  an  unintelligible 
indorsement  must  be  avoided.     The  date,  initials,  and  division  of  the 
person  making  an  indorsement  must  always  be  noted. 

318.  Evidence  must  not  be  placed  in  claims  without  proper  con- 
sideration, and  should  always  be  attached  to  and  made  a  part  of  the 
briefed  papers.     In  rejected  cases  evidence  should  always  be  disposed 
of  by  appropriate  face-brief  action. 

RETURN  OF  PAPERS. 

319.  Certificates  of  discharge,  marriage  certificates,  family  records, 
personal  letters,  diaries,  bills  and  receipts,  and  other  personal  papers 
or  articles  which  may  have  been  filed  in  claims  for  pension,  may,  hi 
the  discretion  of  the  commissioner,  be  returned  through  the  Law 
Division  upon  request  of  the  persons  entitled  thereto,  and  whenever 
papers  so  returned  constitute  part  of  the  material  and  essential  evi- 
dence in  a  claim,  photostats  or  other  copies  of  the  same,  or  of  so 
much  thereof  as  may  appear  to  possess  evidential  value,  shall  be 
placed  in  the  case. 

NAMES  AND  ADDRESSES  OF  COMRADES. 

320.  The  practice  with  regard  to  furnishing  names  and  post-office 
addresses  of  comrades  to  attorneys  and  claimants  shall  be  governed 
by  the  following  rules,  viz: 


REGULATIONS   GOVERNING   PENSION   BUREAU.  69 

a.  In  invalid  claims,  applications  for  addresses  of  comrades  must 
state  name  of  claimant;  number  of  claim  (original  or  certificate); 
designation  of  company  and  regiment  in  v/hich  service  was  rendered, 
or  the  names  of  the  vessels  to  which  the  sailor  was  attached,  if  the 
service  was  in  the  Navy,  and  the  names  and  service  (company  and 
regiment,  or  vessels)  of  the  comrades  or  shipmates  whose  addresses 
are  desired,  and  the  points  which  it  is  proposed  to  determine  by  their 
testimony. 

5.  In  claims  of  widows  and  dependent  relatives,  the  number  of  the 
claim,  the  name  of  the  claimant,  and  the  name  and  service  of  the 
soldier  or  sailor  must  be  furnished. 

c.  The  names  and  addresses  of  others  than  those  named  in  the  re- 
quest may  be  furnished,  if  deemed  advisable. 

Applications  for  names  and  addresses  which  conform  to  the  above 
rules  shall  be  sent  to  the  chief  of  the  proper  adjudicating  division,  who 
shall  cause  an  examination  to  be  made  of  the  claim  indicated,  and,  if 
it  is  found  that  further  testimony  of  comrades  is  necessary  to  establish 
the  claim,  he  shall  call  on  the  Chief  of  the  Record  Division  for  the  infor- 
mation. The  Chief  of  the  Record  Division  shall  promptly  answer 
these  calls  from  the  chief  of  an  adjudicating  division,  who  shall  then 
cause  a  proper  reply  to  be  made  to  the  claimant  or  attorney  from 
whom  the  application  was  received. 

TESTIMONY  AND  CREDIBILITY  OF  WITNESSES. 

321.  Numerous  orders  were  formerly  issued  directing  the  attention 
of  those  having  to  do  with  the  taking  of  testimony  to  particular  mat- 
ters in  connection  therewith  and  methods  of  procuring  information. 
Those  orders  are  not  repeated  herein,  because  it  should  be  understood 
that  in  every  case  the  proper  method  should  be  adopted  to  ascertain 
the  pertinent  facts  in  that  particular  case.     The  best  method  must 
be  adopted  that  the  nature  of  the  case  and  all  the  circumstances 
indicated  therein  appear  to  require.     Do  the  thing  that  is  necessary 
and  proper  to  ascertain  the  facts. 

IDENTITY. 

322.  In  all  cases  in  which  a  question  of  identity  is  involved,  and  in 
which  a  sample  of  the  handwriting  of  the  person  who  is  alleged  to  have 
rendered  the  service  is  at  hand  or  can  be  secured,  a  tracing  of  the  sig- 
nature from  the  original  rolls  of  the  soldier  or  sailor  should  be  obtained 

^frorn  the  proper  auditor  for  the  purpose  of  comparison  to  aid  in 
identification,  also  the  loan  of  any  papers  filed  by  the  soldier  or  sailor 
in  any  claim  for  back  pay  or  bounty. 


70  REGULATIONS   GOVERNING   PENSION   BUREAU. 

CLAIMS  AND  FILES. 
CALL  SLIPS  FOR  CASES. 

323.  Call  slips  for  cases  drawn  from  the  divisions  or  from  the  admit- 
ted or  abandoned  files  should  contain  a  statement  designating  the 
person  in  whose  behalf  the  call  is  made  and  to  whom  the  papers  are 
to  be  exhibited.     Such  call  slips  shall  be  retained  hi  the  files.     Calls 
not  furnishing  the  information  herein  indicated  shall  not  be  honored 
by  the  divisions. 

324.  In  no  instance  shall  a  slip  calling  a  case  from  the  files  be  taken 
out  when  the  case  is  returned  to  the  files.     The  slip  is  a  part  of  the 
record  to  remain  with  the  papers. 

325.  When  evidence  shall  have  been  received  in  any  division  after 
the  claim  to  which  it  is  intended  to  apply  shall  have  been  sent  to 
another  division,  said  evidence  shall  be  forwarded  at  once  to  be 
applied  to  the  case. 

REPORT  AS  TO  CLAIMS  WHEN  NOT  FOUND. 

326.  Whenever  a  call  is  made  for  a  case  and  it  shall  appear  that  it 
is  not  found  upon  the  records  of  this  bureau,  such  fact  must  be  shown 
over  the  signature  of  the  Chief  of  the  Record  Division  to  secure  more 
careful  search  and  prevent  the  occurrence  of  erroneous  reports. 

REFERENCE  OF  CERTAIN  CLAIMS  TO  RECORD  DIVISION. 

327.  When  hi  the  course  of  the  adjudication  of  a  claim  for  pension 
it  seems  probable  that  it  will  be  necessary  to  change  the  soldier's  name 
or  his  service  from  what  it  appears  upon  the  jacket,  or  when  it  is 
learned  that  the  soldier  served  for   a  term  in  an  organization   ad- 
ditional to  that  which  appears  upon  the  jacket,  all  the  papers  should 
be  referred  by  the  Adjudicating  Division  to  the  Record  Division  for  a 
proper  record  thereof  and  a  search  of  the  records  according  to  the  cor- 
rect name  and  service  or  additional  service,  as  the  case  may  be,  and 
for  a  report  setting  forth  the  facts  shown  by  such  record. 

328.  If,  at  any  time  during  the  examination  or  adjudication  of  a 
widow's  claim  for  pension  or  for  renewal  of  pension,  it  shall  appear 
that  she  had  another  husband  who  served  in  the  Army  or  Navy  of  the 
United  States,  all  papers  should  be  referred  to  the  Record  Division 
for  a  proper  record  and  cross-reference  thereof,  and  a  search  of  the 
records  to  determine  whether  other  claims  are  on  file  that  should  be 
consolidated  with  such  widow's  claim. 

329.  The  same  course  should  be  pursued  with  reference  to  the  claim 
of  a  mother  or  nurse  whose  husband  served  in  the  Army  or  Navy  of  the 
United  States,  or  of  the  claim  of  a  father  who  had  such  service. 

COUNT  OF  PENDING  CLAIMS. 

330.  Careful  and  accurate  counts  shall  be  made  and  maintained  of 
all  claims  pending  in  the  bureau. 


KEGULATIONS   GOVERNING   PENSION   BUREAU.  71 

331.  Claims  shall  be  regarded  as  pending,  which  require  considera- 
tion by  an  adjudicating  division  and  final  action  by  the  Board  of 
Review  or  Medical  Division.     Instances  are  noted  as  follows: 

a.  Every  invalid  claim  not  disposed  of  by  face-brief  action.     In 
original  claims,  count  should  be  made  of  only  one  claim,  although  more 
than  one  declaration  be  on  file,  under  the  same  law  under  which  the 
claim  is  presented. 

&.  Every  widow,  minor,  or  dependent  application  subject  to  above 
limitation. 

c.  Every  claim  under  act  of  March  2,  1895,  whether  for  accrued 
pension  or  reimbursement. 

d.  Every  claim  for  division  of  pension  under  act  of  March  3,  1899. 

e.  Every  claim  in  which  evidence  has  been  filed  with  a  view  to  the 
reopening  thereof  or  in  which  reopening  has  occurred  by  the  action  of 
the  medical  referee  in  ordering  a  test  medical  examination. 

/.  Every  duplicate  declaration  to  which  the  rule  laid  down  in  the 
Sanders  or  Thurman  decisions  is  applicable  requiring  a  formal  decision 
on  face  brief. 

g.  Every  claim  abandoned  under  the  practice  and  revived  by  new 
evidence,  by  power  of  attorney,  or  by  the  expressed  intention  of 
claimant  to  further  prosecute  said  claim. 

h.  Every  claim  in  which  reduction  or  dropping  is  proposed  after  test 
medical  examination  or  special  examination  to  determine  pensioner's 
right  to  present  rate  of  pension  or  title  to  pension. 

i.  Every  special-act  claim. 

~k.  Navy  service  claims  under  section  4756  or  4757,  Revised 
Statutes. 

1.  All  claim3  for  military  bounty  land  warrants. 

332.  a.  A  clearance  service  shall  be  maintained  in  the  following 
divisions:  Civil  War  Division,  Army  and  Navy  Division,  Board  of 
Review,  Medical  Division,  Special  Examination  Division,  and  Law 
Division. 

b.  The  chiefs  of  the  divisions  named  shall  appoint  the  necessary 
number  of  persons  to  have  charge  of  this  particular  service  in  their 
respective  divisions. 

333.  All  claims  coming  into  such  divisions  must  pass  through  the 
desks  of  those  assigned  to  the  clearance  service,  so  that  all  new  claims 
and  cases  presenting  a  matter  for  consideration  by  an  adjudicating 
division  with  a  subsequent  final  face-brief  action  may  be  credited  as 
gains  to  the  pending  files.     All  outgoing  claims  shall  likewise  pass 
through  these  desks,  so  that  there  may  be  a  proper  charge  of  losses  to 
the  pending  files. 

334.  A  daily  report  of  the  condition  of  the  files  with  a  duplicate 
receipt  attached  shall  be  rendered  on  prescribed  forms,  all  claims  being 


72  REGULATIONS   GOVERNING   PENSION   BUREAU. 

accounted  for  under  one  of  four  general  classes,  namely,  act  of  May 
11,  1912,  act  of  April  19,  1908,  general  laws,  other  acts. 

335.  The  location  in  each  division  of  the  clearance  desk  or  section 
shall  be  indicated  by  a  sign,  and  under  no  circumstances  shall  a  claim 
be  taken  into  or  out  of  a  division  except  through  this  clearance 
service. 

336.  The  exchange  between  divisions  of  single  claims  should  be 
discouraged,    the   better   way   being    to    assemble    together    claims 
intended  for  other  divisions  and  transmit  same  securely  fastened 
into  a  bundle  and  with  a  duplicate  receipt  slip  attached. 

337.  To  enable  clearance  desks  properly  to  close  the  daily  account, 
cases  sent  from  one  division  to  another  shall  be  transmitted  by  1 
o'clock  each  afternoon.     On  half  holidays  this  exchange  shall  be 
made  before  11  o'clock. 

338.  Owing  to  either  the  absence  of  a  file  or  the  fact  that  but  few 
claims  are  drawn  by  them  from  pending  files,  the  Record  Division, 
Certificate   Division,   Finance   Division,   Disbursing  Division,   chief 
clerk's  branch,   and  rooms  of  the  commissioner  and  deputy  com- 
missioner are  excepted  from  operating  the  clearance  service. 

339.  When  a  pending  claim  is  sent  to  any  of  those  just  named,  a 
duplicate  charge  slip  shall  be  retained  on  the  outgoing  clearance  desk 
as  evidence  of  a  loss  for  the  time  being,  said  slip  being  destroyed  on 
return  of  the  case.     Slips  remaining  on  hand  at  the  close  of  each 
week  shall  indicate  claims  carried  as  unaccounted  losses  and  make 
necessary  an  inquiry  as  to  the  whereabouts  of  said  claims,  so  as  to 
effect  their  return  to  the  division  files. 

340.  To  the  end  that  this  clearance  service  may  be  effective  and 
result  in  an  accurate  system  of  accounting  of  pending  claims  from 
day  to  day,  the  chief  of  files  and  his  assistants  in  each  division  are 
required  to  lend  their  active  cooperation  by  not  receiving  into  the 
files  claims  that  have  not  passed  through  the  clearance  section,  and 
by  not  permitting  any  one  to  take  away  claims  without  a  proper 
charge. 

341.  The  Finance  Division  shall  transmit  direct  to  the  proper 
adjudicating  division  such  claims   as  have  been  drawn  from   the 
Admitted  Files  upon  the  receipt  of  information  as  to  the  death  of  the 
invalid  pensioner,  and  in  which  a  widow's  or  dependent's  claim  has 
been  filed.     Said  division  shall  keep  a  record  of  such  claims. 

342.  Chiefs  of  division  are  enjoined  to  see  that  claims    are   not 
called  for  from  other  divisions  as  "  special"  unless  an  actual  urgent 
necessity  exists  for  such  action,  and  when  claims  are  so  drawn  from 
the  files  the  word  "immediate"  shall  be  written  on  the  upper  left- 
hand  corner  of  the  slip,  and  initialed  by  the  chief  or  assistant  chief 
calling  for  same. 


REGULATIONS  GOVERNING  PENSION   BUREAU.  73 

343.  In   the  transmittal  of  claims  by  a  division  which  has  no 
clearance  section,  the  bundle  of  cases  shall  bear  a  white  slip  labeled 

in  blue  pencil  "From    Division   to    Division," 

and  the  date  of  sending. 

ATTORNEYS. 

344.  A  person  appearing  of  record  in  the  Bureau  of  Pensions  as 
having  complied  with  the  regulations  prescribed  by  the  Secretary 
of  the  Interior  for  the  recognition  of  agents  or  attorneys  before  the 
Department  of  the  Interior  may  be  recognized  to  prosecute  any 
claim  for  pension  or  bounty  land  in  which  the  law  does  not  prohibit 
the  employment  of  an  attorney  or  the  payment  of  an  attorney's 
fee,  on  filing  a  power  of  attorney  from  the  claimant:  Provided,  how- 
ever, That  the  Commissioner  of  Pensions,   in  his  discretion,   may 
recognize  such  person  without  compensation  in  any  claim  for  pension 
or  bounty  land  heretofore  filed,  or  that  may  hereafter  be  filed,  in 
which  the  law  prohibits  the  payment  of  such  fee:  And  provided, 
That  where  the  power  of  attorney  is  in  the  name  of  a  firm  of  agents 
or  attorneys  some  duly  qualified  member  thereof  must  enter  an 
appearance  therein  on  behalf  of  the  firm. 

345.  In  all  cases  where  it  is  found  that  the  attorney  has  complied 
with  the  regulations  adopted  in  pursuance  of  the  act  of  Congress 
approved  July  4,  1884,  and  is  in  good  standing  before  the  bureau,  it 
will  be  so  noted  by  proper  indorsement;  if  the  attorney  has  been 
suspended  or  disbarred  that  fact  shah1  be  indicated. 

346.  No  person  can  be  recognized  as  an  agent  or  attorney  before 
this  bureau  until  he  shall  have  complied  with  the  regulations  adopted 
in  pursuance  of  the  act  of  July  4,  1884.     If  the  attorney  has  not 
complied  with  such  regulations  he  shall  be  so  notified  and  furnished 
with  the  proper  blanks  and  a  copy  of  such  regulations  and  of  the 
oath  required. 

347.  In  any  case  in  which  the  examiner  desires  to  know  the  status 
of  an  attorney  inquiry  shall  be  made  of  the  Law  Division  by  a  refer- 
ence slip  stating  the  name  of  the  attorney  and  his  post  office  address 
and  the  title  of  the  case  in  which  this  information  is  desired,  and 
such  slip  will  be  filed  in  the  case  when  returned. 

348.  The  relation  of  "principal  and  agent"  is  that  which  shall  be 
recognized  as  the  relation  subsisting  between  claimants  and  those 
acting  for  them  in  prosecuting  their  claims  before  this  bureau. 

349.  Consent  of  the  attorney  of  record  to  a  revocation  or  a  transfer 
of  his  power  shall  be  required,  except  in  such  cases  as  are  otherwise 
permitted  by  the  commissioner. 

350.  Transfers  of  attorneyship  must  be  acknowledged  before  some 
officer  authorized  to  administer  oaths  for  general  purposes  in  the 
presence  of  two  witnesses  who  must  sign  their  names  to  the  instru- 
ment of  transfer. 


74  BEGULATIONS   GOVERNING  PENSION   BUREAU. 

351.  In  all  transfers  of  attorneyship  a  separate  slip  must  be  filed 
for  each  claim  transferred,  showing  its  number,  the  name  of  the 
claimant,  the  name  of  the  soldier  or  sailor,  the  service  on  which  the 
claim  is  based,   the  name  and  address  of  the  transferee,   and  an 
acknowledgement  by  the  transferer  of  the  transfer. 

352.  A  transfer  not  general  in  character,  but  of  a  limited  number 
of  claims,  from  one  agent,  attorney,  or  firm  to  another,  must  be 
accompanied  also  by  a  schedule,  alphabetically  arranged,  showing 
for  each  claim  the  data  required  on  said  slips. 

353.  A  transfer  made  by  the  legal  representative  of  deceased  or 
incompetent   agent  or  attorney  must  be   accompanied  by  a   duly 
authenticated  certificate  of  an  officer  of  the  court  having  jurisdiction 
showing  the  authority  of  such  representative. 

354.  The  written  consent  of  the  claimant  is  necessary  to  entitle 
a  transferee  to  recognition  in  an  incomplete  claim,  the  transfer  of 
attorneyship  in  all  such  cases  being  subject  to  protest. 

355.  In  the  event  of  death  if  there  be  no  administration,   the 
transfer  must  be  executed  by  the  widow  or  heir,  or  heirs,  and  must 
include  a  statement  as  to  the  death  of  the  attorney,  the  date  thereof, 
the  name  of  his  widow,  if  any,  or  the  name  or  names  of  his  heir  or 
heirs,  that  no  administration  will  be  had,  and  that  there  is  no  objec- 
tion to  the  transfer  on  the  part  of  anyone  having  a  claim  against  the 
estate.     This  affidavit  must  be  corroborated  by  the  affidavits  of  two 
disinterested  persons  having  knowledge  of  the  facts. 

356.  No  agent  or  attorney  shall  have  power  to  make  a  valid  assign- 
ment of  any  claim  in  which  he  has  been  recognized,  even  with  the 
written  consent  of  the  claimant,  unless  he  is  at  the  time  of  such  assign- 
ment and  of  such  consent  in  good  standing  before  the  Bureau  of 
Pensions. 

357.  Only  a  duly  executed  power  of  attorney  confers  upon  an 
agent  or  attorney  the  right  to  appear  in  a  case  or  to  receive  any 
information  therein,  and  examiners  shall,  upon  the  receipt  of  a  duly 
executed  power  of  attorney,  no  other  attorney  having  prior  rights, 
inform  the  agent  or  attorney  thereby  empowered  of  the  condition  of 
the  case  and  at  the  proper  time  call  upon  him  for  all  the  necessary 
proof. 

358.  No  power  of  attorney  purporting  to  be  executed  by  a  claimant 
shall  be  recognized  as  good  and  valid  unless  the  same  be  signed  by 
the  claimant  in  the  presence  of  two  witnesses,  neither  of  whom  is 
the  attorney  of  record  in  the  claim,  and  acknowledged  before  an 
officer  duly  authorized  to   administer  oaths  for  general  purposes, 
whose  official  signature  is  certified  under  seal  and  who  is  not  interested 
in  the  prosecution  of  the  claim  to  which  the  power  of  attorney  may 
relate. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  75 

359.  Every  officer  of  the  United  States  or  person  holding  any  place 
of  trust  or  profit  or  discharging  any  official  function  under  or  in  con- 
nection with  any  executive  department  of  the  Government  of  the 
United  States,  or  under  the  Senate  or  House  of  Representatives  of 
the  United  States,  is  prohibited,  under  a  heavy  penalty,  from  acting 
as  an  agent  in  a  claim  for  pension  or  from  aiding  and  assisting  in  any 
manner,  otherwise  than  in  the  discharge  of  his  proper  official  duties, 
in  the  prosecution  of  such  claim.     (Sec.  109,  Grim.  Code,  35  Stat. 
L.,  p.  1107.) 

360.  Every  agent,  attorney,  or  other  person  who  shall,  directly  or 
indirectly,  request  of  any  Member  of  either  House  of  Congress,  or  of 
any  United  States  Government  official  or  representative  (other  than 
one  whose  duty  it  is  under  the  law  to  supervise  and  administer  the 
laws,  rules,  and  regulations  governing  the  granting  of  pensions  and 
bounty  land)   aid  or  assistance  in  the  prosecution  of  a  pension  or 
bounty-land  claim,  or  who  shall,  directly  or  indirectly  request  or 
advise  a  claimant  to  seek  such  aid  hi  the  prosecution  of  a  pension  or 
bounty-land  claim,  shall  be  held  to  have  abandoned  the  claim  as  agent 
or  attorney  and  shall  thereby  forfeit  his  agency  or  attorneyship  in 
such  claim. 

361.  Every  agent,   attorney,  or  other  person  recognized  by  the 
Department  of  the  Interior  as  entitled  to  practice  before  the  Bureau 
of  Pensions  who  shall  violate  the  provisions  of  the  preceding  section 
shall  be  held  thereafter  incompetent  to  prosecute  claims  before  said 
bureau  within  the  meaning  of  section  5  of  the  act  of  July  4,  1884,  and 
shall  thereby  subject  himself  to  suspension  or  disbarment  from  prac- 
tice before  the  Bureau  of  Pensions. 

362.  In  all  claims  for  pension  where  the  evidence  necessary  to  com- 
plete them  was  filed  by  the  agent  or  attorney  prior  to  suspension  or 
disbarment  from  practice,  and  in  which  the  certificate  does  not  issue 
until  subsequent  thereto,  such  agent  or  attorney  may  be  recognized 
as  though  he  had  not  been  suspended  and  may  be  paid  his  fee.     In 
such  completed  cases  the  attorney's  name  and  address  and  the  amount 
of  fee  should  be  placed  on  the  face  brief  and  the  usual  notices  pre- 
pared from  it,  except  that  on  the  face  brief,  and  in  such  notices,  there 
must  appear  in  red  ink  the  words,  "Claim  completed  by  attorney 
before ,  date  of  disbarment  (or  suspension)." 

363.  If  an  agent  or  attorney  is  disbarred  pending  the  adjudication 
of  a  claim,  and  if,  while  such  disbarment  is  in  force,  the  claim  is 
adjudicated  and  the  certificate  issued  without  certification  of  a  fee 
by  reason  of  such  disbarment,  and  if  thereafter  said  agent  or  attorney 
is  restored  to  practice,  and  if  claimant  has  not,  by  reason  of  such 
disbarment,  canceled  or  revoked  the  authority  theretofore  existing, 
upon  such  restoration  as  aforesaid  the  lawful  fee  shall  be  certified  and 
paid  to  such  agent  or  attorney. 


76  REGULATIONS   GOVERNING   PENSION   BUREAU. 

364.  When   a   claimant  during   the   disbarment   of  his   agent  or 
attorney  of  record  employs  another,  who  prosecutes  the  claim  to 
final  adjudication,  no  fee  shall  be  certified  the  disbarred  agent  or 
attorney  upon  his  restoration  to  practice. 

365.  No  calls  for  evidence  or  notices  of  medical  oxaminations  or 
the  like  should  be  addressed  to  disqualified  attorneys. 

366.  In  all  cases  where  certificates  issue  subsequent  to  the  resto- 
ration of  the  agent  or  attorney  prosecuting  the  claim,  it  having 
been  completed  during  his  suspension  without  the  interposition  of 
another  agent  or  attorney  or  revocation  by  claimant  of  his  author- 
ity, said  restored  agent  or  attorney  should  be  recognized,  notwith- 
standing his  power  was  filed  prior  to  the  date  of  his  restoration. 

367.  The  rule  directing  payments  of  fees  to  suspended  agents  or 
attorneys  in  claims  completed  prior  to  their  suspension  shall  not  be 
construed  to  authorize  payment  of  fees  in  cases  in  which  action  on 
such  pending  claims  was  suspended  on  account  of  any  irregularity  or 
informality  in  the  papers  or  evidence  presented  by  such  agents  or 
attorneys  in  the  prosecution  of  such  claims. 

368.  An  applicant  shall  be  allowed  during  the  suspension  of  an 
agent  or  attorney  previously  empowered  to  act  in  said  applicant's 
claim  to  appoint  another  agent  or  attorney  because  of  the  inability 
of  the  former  agent  or  attorney  to  act  for  claimant  before  the  depart- 
ment, even  though  the  said  inability  should  prove  to  have  been  but 
temporary. 

369.  No  fee  shall  be  allowed  to  a  guardian  who  prosecutes  the  claim 
of  his  ward,  or  to  a  firm  of  attorneys  of  which  the  guardian  is  a 
member. 

370.  No  request  of  an  agent  or  attorney  for  consideration  of  his 
title  to  a  fee  shall  be  entertained  unless  the  same  shall  be  filed  in  the 
Bureau  of  Pensions  within  one  year  from  the  date  of  issue  of  the  certi- 
ficate upon  which  such  fee  is  claimed. 

371.  Agents  or  attorneys  practicing  before  this  bureau  are  required 
to  state  the  names  of  all  subagents  or  correspondents  assisting  them 
in  the  prosecution  of  claims  for  pension  or  bounty  land,  and  the 
interest  said  subagents  or  correspondents  have  in  the  prosecution  of 
such  claims  or  fees  therein.     Any  agent  or  attorney  in  good  standing 
before  the  bureau  who  knowingly  employs  any  person  as  a  subagent 
or  correspondent  prohibited  from  practicing  before  the  department 
shall  be  recommended  for  suspension  from  practice. 

372.  Cases  pending  in  this  bureau  shall  not  be  taken  up  upon  the 
verbal  requests  of  attorneys  or  claim  agents,  nor  in  their  behalf 
except  upon  a  separate  written  inquiry  in  each  case  signed  by  the 
attorney  or  agent  and  in  regular  course  of  business. 

373.  No  claim  pending  in  the  Bureau  of  Pensions  shall  be  con- 
sidered out  of  its  regular  order  upon  the  request  of  an  agent  or 


REGULATIONS   GOVERNING   PENSION   BUREAU.  77 

attorney,  or  any  other  person  except  for  good  cause  shown  and  upon 
the  order  of  the  Commissioner  of  Pensions. 

374.  A  change  of  guardian  in  any  case  during  the  pendency  of  a 
claim  for  pension  does  not  affect  the  right  of  the  original  attorney 
to  recognition  and  to  the  fee  agreed  upon  with  the  guardian  who 
appointed  him. 

375.  The  willful  withholding  of  evidence  by  an  agent  or  attorney 
for  any  cause  shall  be  reported  to  the  Secretary  of  the  Interior  for 
his  action. 

376.  In  claims  for  pension  and  bounty  land  no  greater  fee  than 
is  authorized  by  law  can  be  legally  received  by  an  agent  or  attorney 
or  any  other  person  for  prosecuting  such  claim  for  pension  or  bounty 
land,  and  upon  satisfactory  proof  that  any  agent  or  attorney  has, 
subsequent  to  July  4,  1884,  received  directly  or  indirectly  from  the 
claimant  any  sum  or  sums  for  his  services  in  the  prosecution  of  the 
claim,  said  agent  or  attorney  shall  be  reported  to  the  Secretary  of 
the  Interior  for  disbarment. 

377.  Where  an  agent,  attorney,  or  other  person  incurs  any  expense 
in  the  prosecution  of  a  claim  before  the  Bureau  of  Pensions,  he  must 
file  a  sworn  itemized  account  of  such  expense  with  the  Commissioner 
of  Pensions  and  secure  the  approval   thereof   before  demanding  or 
receiving  reimbursement  from  the  claimant  or  pensioner. 

378.  In  a  claim  under  the  act  of  March  2,  1895,  for  the  accrued 
pension  due  in  an  admitted  case  from  the  date  of  last  payment  to 
pensioner's  death,  the  agent  or  attorney  of  record  is  permitted,  upon 
the  allowance  of  the  claim,  to  receive  as  a  fee,  direct  from  the  claimant 
or  beneficiary,  10  per  cent  of  the  amount  of  the  accrued  pension  paid; 
but  in  no  event  shall  such  agent  or  attorney  be  permitted  to  demand, 
receive,  or  retain  a  fee  in  excess  of  $10  in  any  one  claim. 

379.  When  an  agent  or  attorney  is  called  upon  by  the  Commis- 
sioner of  Pensions  to  furnish  evidence  in  any  claim  he  shall  be  allowed 
90  days  within  which  to  furnish  same  or  to  give  reasons  why  he  fails 
to  do  so.     Before  such  agent  or  attorney  is  dropped  or  another 
recognized  (at  any  time  within  one  year)  he  shall  be  given  30  days' 
notice  to  show  cause  why  he  is  not  guilty  of  laches.     In  the  event 
that  such  answer  be  not  filed  within  30  days  from  the  mailing  of  such 
notice,  or  that  the  answer  thereto  be  held  by  the  Commissioner  of 
Pensions  to  be  insufficient,  claimant  shall  be  notified  of  such  failure 
and  may  file  the  same,  either  by  himself  or  by  such  other  attorney 
as  he  may  elect;  and  upon  the  recognition  of  such  other  attorney 
the  former  agent  or  attorney  shall  be  estopped  from  claiming  any  fee. 

380.  An  agent  or  attorney  shall  be  required  to  exercise  due  dili- 
gence in  all  cases  in  which  he  is  recognized.     Neglect  to  prosecute  a 
claim  for  one  year  shall  be  held,  in  default  of  cause  shown,  conclusive 
evidence  of  the  abandonment  of  a  claim  by  the  agent  or  attorney, 


78  REGULATIONS   GOVERNING  PENSION   BUREAU. 

and  claimant  shall  be  so  advised.  To  call  up  a  case  shall  not  be  held 
of  itself  a  substantial  compliance  with  any  specific  requirement  of 
the  Commissioner  of  Pensions. 

381.  Agents  and  attorneys  are  required  to  conduct  their  business 
with  the  office  with  decorum  and  courtesy.     Papers  in  violation  of 
this  requirement  may,  by  order  of  the  commissioner,  be  returned. 
Flagrant  violation  of  this  rule  shall  be  cause  for  disbarment. 

382.  Upon  the  rejection  of  a  claim  for  pension  or  bounty  land  the 
agent  or  attorney  of  record  shall  be  notified  of  such  rejection  and  the 
reason  therefor,  and  shall  be  allowed  90  days  from  the  date  of  such 
notice  within  which  to  file  a  motion  for  reconsideration,  supported 
by  material  evidence,  or  within  which  to  enter  an  appeal  to  the 
Secretary  of  the  Interior;  and,  on  his  failure  to  do  either  he  shall 
be  held  to  have  abandoned  the  case,  and  the  claimant  may  employ 
any  other  duly  qualified  agent  or  attorney  further  to  prosecute  the 
claim. 

383.  The  claimant  shall  have  the  privilege  of  exercising  his  right 
at  any  stage  of  the  claim  to  revoke  a  power  of  attorney  and  dis- 
charge his  agent  upon  a  showing  of  cause  deemed  good  and  sufficient 
by  the  commissioner. 

384.  The  full  fee  payable  by  the  bureau  shall  be  paid  on  the  issu- 
ing of  the  first  certificate,  provided,  of  course,  there  is  an  allowance 
sufficient  for  that  purpose. 

385.  All  articles  of  agreement  in  claims  for  pension  or  bounty  land 
that  conform  to  the  requirements  of  the  law  and  regulations  shall  be 
accepted  if  filed  prior  to  the  date  of  the  issue  of  the  certificate  or  of  the 
bounty-land  warrant. 

386.  No  articles  of  agreement  filed  under  the  act  of  July  4,  1884, 
shall  be  recognized  as  valid,  and  no  fee  shall  be  paid  thereunder,  unless 
the  claimant's  signature  thereto  is  witnessed  by  two  attesting  wit- 
nesses and  acknowledged  before  some  officer  authorized  to  administer 
oaths  for  general  purposes  whose  official  signature  is  certified  under 
seal. 

The  attorney's  acceptance  of  such  agreement  must  also  be  executed 
before  some  officer  duly  authorized  to  administer  oaths  for  general 
purposes  whose  official  signature  is  certified  under  seal. 

387.  No  power  of  attorney  or  articles  of  agreement  shall  be  accepted 
as  valid  wherein  the  claimant's  acknowledgment  is  taken  before  an 
officer  who  is  the  agent  or  attorney  named  therein,  or  where  the  agent 
or  attorney  acts  as  one  of  the   attesting  witnesses  to  claimant's 
signature  to  such  instrument. 

388.  A  declaration,  affidavit,  or  any  paper  requiring  execution  or 
acknowledgment  in  connection  with  a  claim  for  pension  or  bounty 
land  must  be  executed  or  acknowledged  before  an  officer  duly  author- 
ized to  administer  oaths  for  general  purposes  who  is  not  interested  in 


REGULATIONS   GOVERNING   PENSION   BUREAU.  79 

the  prosecution  of  the  claim  to  which  said  paper  pertains,  and  the 
jurat  must  so  show.  An  agent  or  attorney  who  shall  file  any  paper 
containing  in  the  jurat  a  false  statement  that  the  officer  before  whom 
such  paper  was  executed  or  acknowledged  is  not  interested  in  the 
prosecution  of  the  claim,  or  any  statement  equivalent  thereto,  when 
in  truth  and  in  fact  such  agent  or  attorney  has  entered  into  a  con- 
tract, agreement,  or  understanding  with  such  officer  by  virtue  of 
which  said  officer  is  to  receive  compensation  or  a  commission  from 
such  agent  or  attorney,  in  the  event  of  the  allowance  of  the  claim, 
may  be  recommended  to  the  Secretary  of  the  Interior  for  disbarment 
from  practice  before  the  Bureau  of  Pensions. 

389.  Articles  of  agreement,  to  be  recognized  as  valid  by  the  Com- 
missioner of  Pensions,  must  be  in  duplicate  and  in  the  form  prescribed 
by  order  of  July  8,  1884,  and  have  printed  upon  the  reverse:  " Notice 
to  claimant:"  "This  agreement  is  permissible  under  the  law,  but  not 
compulsory/'  and  a  copy  of  the  act  of  July  4,  1884. 

390.  The  following  is  the  form  of  articles  of  agreement  prescribed 
by  the  Commissioner  of  Pensions  and  approved  by  the  Secretary  of 
the  Interior  July  8,  1884,  under  the  provisions  of  the  act  of  Congress 
approved  July  4,  1884: 

(To  be  executed  in  duplicate  without  additional  cost  to  claimant.) 
ARTICLES  OF  AGREEMENT. 

Whereas  I, ,  late  a in  company of  the Regiment  of 

Volunteers,  war  of ,  having  made  application  for  pension  under  the  laws 

of  the  United  States: 

Now  this  agreement  witnesseth,  That  for  and  in  consideration  of  services  done  and 

to  be  done  in  the  premises,  I  hereby  agree  to  allow  my  attorney,  ,  of 

,  the  fee  of dollars,  which  shall  include  all  amounts  to  be  paid  for  any 

service  in  furtherance  of  said  claim;  and  said  fee  shall  not  be  demanded  by  or  payable 
to  my  said  attorney,  in  whole  or  in  part,  except  in  case  of  the  granting  of  my  pension 
by  the  Commissioner  of  Pensions;  and  then  the  same  shall  be  paid  to  him  in  accord- 
ance with  the  provisions  of  sections  4768  and  4769  of  the  Revised  Statutes  United 

States. 

(Signature  of  claimant.)     

(Post-office  address.) 

(Signature  of  two  witnesses.) 

STATE  OP ,  County  of ,  ss: 

Be  it  known  that  on  this,  the day  of ,  A.  D.  1 ,  personally  appeared 

,  the  above  named,  who,  after  having  had  read  over  to ,  in  the 

hearing  and  presence  of  the  two  attesting  witnesses,  the  contents  of  the  foregoing  arti- 
cles of  agreement,  voluntarily  signed  and  acknowledged  the  same  to  be free  act 

and  deed. 

[L.  0.]  (Official  signature.)     

And  now,  to  wit,  this day  of A.  D.,  1 , accept  the  provisions 

contained  in  the  foregoing  articles  of  agreement,  and  will,  to  the  best  of ability, 

endeavor  faithfully  to  represent  the  interest  of  the  claimant  in  the  premises 

hereby  certify  that have  received  from  the  claimant  above  named  the  sum  of 

76704°— 15 6 


80  REGULATIONS   GOVERNING  PENSION   BUREAU. 

dollars,  and  no  more; dollars  being  for  fee,  and  the  sum  of dollars 

being  for  postage  and  other  expenses.  And  that  these  agreements  have  been  executed 
in  duplicate,  without  additional  cost  to  the  claimant,  as  required  by.  law,  in  excess 
of  the  fee  above  named,  the  said  attorney  making  no  charge  therefor. 

Witness hand  the  year  and  day  above  written. 

(Signature  of  attorney.)     

STATE  OP ,  County  of ,  ss: 

Personally  came ,  whom  I  know  to  be  the  person represents 

to  be,  and  who  having  signed  above  acceptance  of  agreement,  acknowledged 

the  same  to  be free  act  and  deed. 

(L.JS.)  (Official  signature.)     

Approved  for dollars,  and  payable  to ,  of ,  the  recognized 

attorney.  , 

Commissioner  of  Pensions. 

391.  Where  only  one  copy  of  articles  of  agreement  is  filed,  attorneys 
shall  be  allowed  to  file  a  duplicate  of  the  same,  executed  by  both 
parties  in  interest  at  any  time  before  the  issuing  of  the  certificate  or 
bounty-land  warrant.     When  a  claim  for   bounty  land   has   been 
allowed  and  the  warrant  issued,  one  approved  copy  of  the  articles  of 
agreement  shall  be  forwarded  to  the  agent  or  attorney  of  record  and 
the  other  preserved  in  the  files  of  the  claim.     The  bounty-land  war- 
rant shall  be  forwarded  direct  to  the  party  entitled  to  the  possession 
thereof. 

392.  Articles  of  agreement  and  powers  of  attorney  not  properly 
executed  for  any  cause  must  be  retained  in  the  claim  and  the  attorney 
advised  why  same  can  not  be  accepted. 

393.  An  agent  or  attorney  may  request  and  receive  from  a  claimant 
a  sum  not  exceeding  50  cents  for  postage  in  the  prosecution  of  any 
one  claim,  original  or  increase,  but  compliance  with  such  request  of 
the  agent  or  attorney  is  optional  with  the  claimant.     Agents  and 
attorneys  are  not  allowed  to  demand  a  sum  for  postage  as  a  right  or 
to  refuse  to  prosecute  a  claim  where  the  request  for  postage  is  not 
complied  with. 

394.  The  Mail  and  Supplies  Division  shall  transmit  to  the  Law 
Division  all  slips  setting  forth  that  the  cases  named  in  the  same  have 
been  transferred  by  one  attorney  to  another.     The  Law  Division 
shall  forward  these  slips  to  the  adjudicating  divisions  after  they  are 
properly  stamped. 

395.  Attorneys  presenting  questions  for  the  consideration  of  the 
Law  Division  shall  submit  their  points,  authorities,  and  arguments 
in  writing,  and  shall  not  be  permitted  to  enter  that  division  either 
to  examine  cases  or  to  make  oral  arguments.     Communications  on 
such  matters  may  be  addressed  to  the  Commissioner  of  Pensions 
and  marked  "For  the  Law  Division,7'  and  may  be  transmitted  by 
mail  or  left  with  t«lie  chief  clerk. 

396.  Motions  to  reconsider  rulings  and  decisions  of  the  Law  Divi- 
sion shall  not  be  entertained  by  that  division  unless  it  plainly  appears 


REGULATIONS   GOVERNING   PENSION   BUREAU.  81 

that  some  act  of  Congress,  decision  of  the  Secretary,  ruling  of  the 
commissioner,  or  some  controlling  evidence  in  the  case  was  over- 
looked. 

397.  Fee  agreements  which  are  regular  in  every  particular  except 
that  the  blanks  in  the  attorney's  acceptance  relating  to  advance 
payment  of  part  of  the  fee  and  of  any  amount  for  postage  have  not 
been  filled  in  by  the  attorneys  shall  not  be  wholly  disregarded.     The 
fee  should  be  withheld  in  such  cases  and  the  matter  referred  to  the 
Law  Division  for  appropriate  action. 

398.  In  all  claims  referred  to  the  Law  Division  for  the  purpose  of 
having    determined    the    question    of    attorneyship,    the    examiner 
must  arrange  all  evidence  as  though  the  case  were  intended  to  be 
submitted  to  the  Board  of  Review,  and  if  a  prima  facie  case  has  been 
established  that  fact  should  be  stated  in  the  slip  of  reference. 

399.  Every  agent,   attorney,  or  other  person  recognized  by  the 
Department  of  the  Interior  as  entitled  to  practice  before  the  Bureau 
of  Pensions  shall  submit  to  the  Commissioner  of  Pensions  copies  of  all 
proposed  advertising  matter  intended  to  solicit  business  before  the 
Bureau  of  Pensions,  and  if  the  same  be  not  disapproved  by  the  Com- 
missioner of  Pensions  and  the  agent  or  attorney  so  notified  within 
10  days  from  the  date  of  filing  the  same  shall  be  held,  prima  facie, 
approved. 

400.  Advertising  matter  may  contain  clear,  correct,  and  explicit 
statements  of  the  law,  the  name  and  address  of  the  attorney,  and  the 
information  that  he  prosecutes  claims  for  pension  and  bounty  land. 

401.  The  use  by  an  agent  or  attorney  of  the  characters  UU.  S.," 
or  the  words  "United  States,"  as  a  part  of  his  title,  or  of  the  title  of 
his  business,  is  misleading  and  shall  not  be  permitted. 

402.  Where,  through  a  mistake  of  fact,  or  fraud  on  the  part  of  an 
agent  or  attorney,  a  fee  to  which  he  is  not  entitled  has  been  paid  to 
him  he  shall  be  required  to  refund  the  same  on  demand  by  the  Com- 
missioner of  Pensions;  and  his  failure  or  refusal  to  refund,  after  such 
demand,  shall  render  him  liable  to  suspension  or  disbarment  from 
practice  before  the  Bureau  of  Pensions. 

403.  A  State  officer,  charged  with  the  duty  of  looking  after  the 
interests  of  claimants  for  pension,  may  have  information  in  con- 
nection with  a  claim  for  pension,  where  designated  by  the  claimant, 
and  such  officer  shall  be  advised  as  to  calls  for  evidence  and  the  final 
disposition  of  the  claim. 

404.  Section     190,    Revised    Statutes    United    States,    provides 
that — 

It  shall  not  be  lawful  for  any  person  appointed  after  the  first  day  of  June,  one 
thousand  eight  hundred  and  seventy-two,  as  an  officer,  clerk,  or  employee  in  any 
of  the  departments,  to  act  as  counsel,  attorney,  or  agent  for  prosecuting  any  claim 
against  the  United  States  which  was  pending  in  either  of  said  departments  while  he 


82  REGULATIONS   GOVERNING   PENSION   BUREAU. 

wafl  such  officer,  clerk,  or  employee,  nor  in  any  manner,  nor  by  any  means,  to  aid 
in  the  prosecution  of  any  such  claim  within  two  years  next  after  he  shall  have  ceased 
to  be  such  officer,  clerk,  or  employee. 

NOTARIES  AND  JUSTICES. 

405.  All  certificates  of  the  official  character  of  an  officer  which  show 
the  term  of  office,  whenever  found,  should  be  sent  to  the  Law  Di- 
vision.    All  informal,  unattached  certificates  sent  to  the  Law  Division 
should  bear  the  name  and  service  of  the  soldier  or  sailor  and  the 
number  of  the  claim  in  which  found. 

406.  A  certificate  showing  the  official  character  of  an  officer  only 
on    the  date  on  which  a  paper  was  executed  should  in  no  case  be 
detached  from  the  paper  to  which  it  refers,  as  same  is  of  use  only  in 
connection  with  that  paper. 

407.  a.  Calls  for  information  as  to  the  official  character  of  an  officer 
before  whom  a  paper  has  been  executed  shall  be  made  on  the  Law 
Division.     Such  calls  must  state  the  name  of  the  officer,  his  alleged 
official  character,  his  territorial  jurisdiction,  whether  he  uses  a  seal, 
the  date  or  dates  to  be  covered,  and  give  full  data  as  to  the  case  in 
which  the  certificate  is  required.     If  there  is  a  recognized  attorney, 
his  name  and  post-office  address  must  be  given,  but  if  there  be  no 
such  attorney,  then  the  full  name  and  address  of  the  claimant  must 
be  given. 

b.  On  receiving  such  a  call  the  Law  Division  shall,  if  a  certificate 
be  on  file  covering  the  date  or  dates  in  question,  return  the  call  with 
an  indorsement  thereon  showing  the  facts.     If  not  on  file,  the  Law 
Division  shall  make  a  request  upon  the  attorney  or  claimant  for  a 
proper  certificate,  then  copy  the  call  slip  and  return  the  original  with 
an  indorsement  thereon  showing  the  facts,  including  the  date  of  the 
call  made  by  the  Law  Division. 

c.  A  record  shall  be  kept  of  such  calls,  under  proper  dates,  and  on 
receipt  of  a  certificate  the  inquirer  shall  be  immediately  notified  by 
means  of  the  copy  of  the  call  slip  retained  for  that  purpose.     If  after 
30  days  from  the  date  of  the  call  the  certificate  has  not  been  filed, 
the  slip  retained  shall  be  forwarded  to  the  inquirer,  with  an  indorse- 
ment thereon  showing  that  fact  and  giving  the  date  on  which  the 
Law  Division  made  the  call. 

408.  The  authority  given  to  fourth-class  postmasters  and  rural 
free  delivery  carriers  to  administer  oaths  to  pensioners  and  their 
witnesses  in  the  execution  of  their  vouchers  does  not  apply  to  the 
execution  of  any  other  paper. 

DOCUMENTS  NOT  PROPERLY  AUTHENTICATED. 

409.  a.  If  a  document  be  sent  to  the  bureau  to  prove  a  claim,  or 
for  any  other  purpose,  and  it  be  not  authenticated  by  the  impress  of  a 
seal  where  required,  or  by  execution  before  an  officer  authorized  to 


REGULATIONS   GOVERNING   PENSION   BUREAU.  83 

administer  oaths,  or  be  otherwise  imperfect  in  some  form  or  particular, 
and  it  is  believed  that  such  defect  may  be  cured  and  the  document 
rendered  thereby  admissible  for  any  proper  use,  the  same  should  be 
returned  for  correction.  A  memorandum  of  the  import  thereof,  or  a 
full  copy,  with  a  statement  of  the  disposition  of  the  original,  should 
be  retained. 

&.  All  such  cases  should  be  referred  to  the  Law  Division,  with  the 
proper  notation,  which  division  shall  determine  both  the  necessity 
and  the  propriety  of  returning  the  original,  and  how  errors  therein 
should  be  cured,  and  shall  conduct  all  correspondence  relative  thereto. 


TABLES  OF  RATES. 

410.  TABLE  I. — For  simple  total  (a  disability  equivalent  to  the  anchylosis 
of  a  wrist]  provided  by  section  ^695,  Revised  Statutes,  United  States. 

ARMY. 

Per  month. 

Lieutenant  colonel  and  all  officers  of  higher  rank $30.  00 

Major,  surgeon,  and  paymaster 25.  00 

Captain,  provost  marshal,  and  chaplain 20.  00 

First  lieutenant,  assistant  surgeon,  deputy  provost  marshal,  and  quartermaster.  17.  00 

Second  lieutenant  and  enrolling  officer 15.  00 

All  enlisted  men 8.00 

NAVY  AND    MARINE    CORPS. 

Captain,  and  all  officers  of  higher  rank,  commander,  lieutenant  commanding, 
and  master  commanding,  surgeon,  paymaster,  and  chief  engineer  ranking 
with  commander  by  law,  lieutenant  colonel,  and  all  of  higher  rank  in  Marine 
Corps 30.  00 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster,  and  chief  engineer 
ranking  with  lieutenant  by  law,  and  major  in  Marine  Corps 25.  00 

Master  (now  lieutenant,  junior  grade),  professor  of  mathematics,  assistant  sur- 
geon, assistant  paymaster,  and  chaplain,  and  captain  in  Marine  Corps 20.  00 

First  lieutenant  in  Marine  Corps 17.  00 

First  assistant  engineer,  ensign,  and  pilot,  and  second  lieutenant  in  Marine 
Corps 15.00 

Cadet  midshipmen,  passed  midshipmen,  midshipmen  clerks  of  admirals,  of 
paymasters,  and  of  officers  commanding  vesaels,  second  and  third  assistant 
engineers,  master's  mate,  and  warrant  officers 10.  00 

All  enlisted  men,  except  warrant  officers 8.  00 

84 


REGULATIONS   GOVERNING   PENSION   BUREAU. 


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m  oTtuo   •  o    •  >  >• 

l!!i!ii| 
«  P'SP-S| 
ll^lillijr 

F^rOc/3              QOOOSW 
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Loss  of  either  a  leg  at  the  hip 
joint  or  an  arm  at  the  shoulder 
joint,  or  so  near  as  to  prevent 

Loss  of  leg  at  hip  joint  
Loss  of  an  arm  at  shoulder  joint.  .  . 
Total  disability  in  both  hands  
Total  disability  in  both  feet  
Total  disability  in  one  hand  and 

nnp  font 

Total  disability  in  one  hand  or 
one  foot  

Disability  equivalent  to  trie 
loss  of  a  hand  or  a  foot  (third 

ornriAl 

Incapacity  to  perform  manual 

labor  (QpponH  PTurtA"! 

Regular  aid  and  attendance 

ffiret  (rroHn^  1 

Frequent  and  periodical,  not 
constant,  aid  and  attendance 

* 

b 

h 

\i 
^ 

->  ,_ 
i? 

'£ 

i 

i  $72  from  June  17,  1878,  only  \ 
1890,  which  increases  rate  to  $72. 

86  REGULATIONS   GOVERNING   PENSION   BUREAU. 

412.  TABLE  III. — Rates  fixed  by  the  Commissioner  of  Pensions  for 
certain  disabilities  not  specified  by  law. 

Per  month. 

Anchylosis  of  shoulder $12.  00 

Anchylosis  of  elbow 10. 00 

Anchylosis  of  knee 10. 00 

Anchylosis  of  ankle 8. 00 

Anchylosis  of  wrist 8. 00 

Loss  of  sight  of  one  eye 12. 00 

Loss  of  one  eye 17. 00 

Nearly  total  deafness  of  one  ear 6. 00 

Total  deafness  of  one  ear 10. 00 

Slight  deafness  of  both  ears 6,  00 

Severe  deafness  of  one  ear  and  slight  of  the  other 10.  00 

Nearly  total  deafness  of  one  ear  and  slight  of  the  other 15.  00 

Total  deafness  of  one  ear  and  slight  of  the  other 20. 00 

Severe  deafness  of  both  ears 22. 00 

Total  deafness  of  one  ear  and  severe  of  the  other 25. 00 

Deafness  of  both  ears  existing  in  a  degree  nearly  total 27. 00 

Loss  of  palm  of  hand,  and  all  the  fingers,  the  thumb  remaining 17. 00 

Loss  of  thumb,  index,  middle,  and  ring  fingers 17. 00 

Loss  of  thumb,  index,  and  middle  fingers 16.  00 

Loss  of  thumb  and  index  finger 12. 00 

Loss  of  thumb  and  little  finger 10. 00 

Loss  of  thumb,  index,  and  little  fingers 16. 00 

Loss  of  thumb 8. 00 

Loss  of  thumb  and  metacarpal  bone 12. 00 

Loss  of  all  the  fingers,  thumb  and  palm  remaining 16. 00 

Loss  of  index,  middle,  and  ring  fingers 16. 00 

Loss  of  middle,  ring,  and  little  fingers 14. 00 

Loss  of  index  and  middle  fingers 8. 00 

Loss  of  little  and  middle  fingers 8. 00 

Loss  of  little  and  ring  fingers 6. 00 

Loss  of  ring  and  middle  fingers 6. 00 

Loss  of  index  finger 4. 00 

Loss  of  any  other  finger  without  complications 2. 00 

Loss  of  all  the  toes  of  one  foot -. 10. 00 

Loss  of  great,  second,  and  third  toes 8. 00 

Loss  of  great  toe  and  metatarsal 8. 00 

Loss  of  great  and  second  toes 8. 00 

Loss  of  great  toe 6. 00 

Loss  of  any  other  toe  and  metatarsal 6.  00 

Loss  of  any  other  toe 2. 00 

Chopart's  amputation  of  foot,  with  good  results 14. 00 

Pirogoff's  modification  of  Syme's 17. 00 

Small  varicocele 2. 00 

Well-marked  varicocele 4. 00 

Inguinal  hernia,  which  passes  through  the  external  ring 10. 00 

Inguinal  hernia,  which  does  not  pass  through  the  external  ring 6. 00 

Double  inguinal  hernia,  each  of  which  passes  through  the  external  ring 14. 00 

Double  inguinal  hernia,  one  of  which  passes  through  the  external  ring  and 

other  does  not 12. 00 


REGULATIONS   GOVERNING   PENSION   BUREAU.  87 

Per  month. 

Double  inguinal  hernia,  neither  of  which  passes  through  the  external  ring $8. 00 

Femoral  hernia 30. 00 

Section  4699,  Revised  Statutes,  provides  that  the  rate  of  $18  per  month  may  be 
proportionately  divided  for  any  degree  of  disability  established  for  which  section 
4695  makes  no  provision. 

The  act  of  August  27,  1888,  provides  a  $30  rate  for  total  deafness  and  authorizes 
the  Secretary  of  the  Interior  to  grant  such  proportion  thereof  in  cases  of  partial  deaf- 
ness as  he  may  deem  equitable.  Act  January  15,  1903,  increases  rate  for  total  deafness 
to  $40.  Rates  on  partial  degrees  not  affected. 

The  act  of  March  2,  1895,  provides  that  "All  pensioners  now  on  the  rolls,  who  are 
pensioned  at  less  than  six  dollars  per  month,  for  any  degree  of  pensionable  disability, 
shall  have  their  pensions  increased  to  six  dollars  per  month;  and  that,  hereafter, 
whenever  any  applicant  for  pension  would,  under  existing  rates,  be  entitled  to  less 
than  six  dollars  for  any  single  disability  or  several  combined  disabilities,  such  pen- 
sioner shall  be  rated  at  not  less  than  six  dollars  per  month:  Provided  also,  That  the 
provisions  hereof  shall  not  be  held  to  cover  any  pensionable  period  prior  to  the  passage 
of  this  act,  nor  authorize  a  rerating  of  any  claim  for  any  part  of  such  period,  nor  pre- 
vent the  allowance  of  lower  rates  than  six  dollars  per  month,  according  to  the  existing 
practice  in  the  Pension  Office  in  pending  cases  covering  any  pensionable  period 
prior  to  the  passage  of  this  act." 

413.  TABLE  IV. — Miscellaneous  rates. 

INVALID. 

Indian  wars:  per  month. 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908 $8.  00 

Act  of  February  19,  1913 20. 00 

Mexican  War: 

Act  Jan.  29,  1887 8.  00 

Acts  Jan.  5,  1893,  and  Apr.  23,  1900,  certain  survivors 12.  00 

Act  Mar.  3,  1903,  all  survivors 12.00 

Act  Feb.  6,  1907— 

At  62  years 12.00 

At  70  years 15.  00 

At  75  years  or  over 20.  00 

Act  of  May  11,  1912 30. 00 

Civil  War: 

Act  June  27,  1890,  in  its  original  iorm,  and  also  as  amended  by  the 

act  of  May  9,  1900 6.  00-12.  00 

Act  Feb.  6,  1907— 

At  62  years 12.00 

At  70  years 15.  00 

At  75  years  or  over 20.  00 

Act  of  May  11,  1912— see  sec.  445. 
Army  nurses: 

Act  Aug.  5,  1892 12.00 

Navy  service  pensions: 

Sec.  4756,  R.  S.,  for  20  years'  service,  one-half  the  pay  of  rating  at 

discharge. 
Sec.  4757,  R.  S.,  for  10  years'  service,  not  to  exceed  the  rate  for  total 

disability. 
(See  section  451  this  book.) 


88  REGULATIONS   GOVERNING  PENSION   BUREAU. 

WIDOWS   AND  MINORS. 

Revolutionary  War:  Per  month. 

Act  Mar.  9,  1878,  widows  only $8.  00 

Act  Mar.  19,  1886,  widows  only 12.00 

War  of  1812: 

Act  Mar.  9,  1878,  widows  only 8.00 

Act  Mar.  19,  1886,  widows  only 12.  00 

Indian  wars: 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908,  widows  only. . .  8.  00 

Act  Apr.  19,  1908,  Sec.  1,  widows  only 12.  00 

Mexican  War: 

Act  Jan.  29,  1887,  widows  only 8.  00 

Act  Apr.  19,  1908,  sec.  1,  widows  only 12.  00 

Civil  War: 

Sec.  4702,  R.  S.,  widows  and  minors,  same  rates  as  in  Table  1.  . 

Act  Mar.  19,  1886,  widows  and  minors 12.  00 

Act  June  27,  1890,  in  its  original  form,  and  as  amended  by  the  act  of 

May  9,  1900 8.00 

Act  Apr.  19,  1908 12.00 

From  and  after  July  25,  1866,  a  widow  is  entitled,  under  the  provisions  of  section 
4703,  Revised  Statutes,  to  the  sum  of  $2  per  month  additional  on  account  of  each 
legitimate  minor  child  of  the  deceased  soldier  or  sailor  (in  her  care  and  custody,  if  by 
his  former  marriage)  until  such  child  reaches  the  age  of  16  years.  Where  the  widow 
has  died,  remarried,  or  has  no  title,  the  minor  children  under  16  years  of  age  succeed 
to  the  widow's  rights. 

In  claims  under  the  act  of  June  27,  1890,  both  in  its  original  and  amended  forms, 
the  additional  pension  of  $2  per  month  is  granted.  In  addition  provision  is  made  in 
said  act  for  the  continuance  of  pension  granted  to  an  insane  idotic,  or  otherwise 
physically  or  mentally  helpless  minor  child,  during  its  life  or  during  the  period  of 
disability.  This  proviso  is  applicable  to  minors'  claims  under  any  statute. 

DEPENDENT   RELATIVES. 

Sec.  4707,  R.  S.,  in  its  original  form,  and  as  amended  by  section  1,  Act  June  27, 

1890,  same  rates  as  in  Table  1. 
Act  Mar.  19,  1886 $12.00 

414.    RATES       FOR       OFFICERS,      SECTIONS       4692       AND      4693,       REVISED 

STATUTES. 

Rates  for  officers  in  claims  under  sections  4692  and  4693,  Revised  Statutes,  shall  be 
one-quarter,  one-half,  three-quarters,  and  total.  Officers  below  the  rank  of  first 
lieutenant  may  receive  rates  in  fractions  of  eighteen  in  excess  of  their  total. 

LEAVES  OF  ABSENCE. 

(Regulations  published  by  the  Secretary  of  the  Interior.) 

415.  The  following  regulations,  consistent  with  the  laws  printed 
herein,  providing  for  the  hours  of  labor  and  leaves  of  absence  of 
employees  in  the  executive  departments,  are  hereby  published  for  the 
information  of  ah1  concerned,  to  be  effective  February  1,  1910. 

They  shall  apply  as  well  to  chiefs  of  divisions  and  assistant  chiefs 
and  other  supervising  officials  as  to  the  clerical  force  and  other 
employees. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  89 

Officials  will  be  held  strictly  accountable  for  their  enforcement,  and 
are  hereby  directed  to  require  all  timekeepers  and  clerks  in  charge  of 
leaves  of  absence  to  familiarize  themselves  with  these  regulations. 

Any  regulations  of  this  department  heretofore  issued  inconsistent 
with  these  are  hereby  revoked. 

These  regulations  shall  be  applied  as  far  as  practicable  to  the  field 
service  connected  with  this  department  outside  of  Washington,  D.  C. 

OFFICE  HOURS. 

1.  Office  and  lunch  hours. — The  hours  of  labor,  unless  otherwise 
especially  ordered,  begin  at  9  o'clock  a.  m.  and  close  at  4.30  o'clock 
p.  m.,  with  one-half  hour  between  12  m.  and  1  p.  m.  for  luncheon, 
the  particular  half  hour  within  that  period  in  the  different  bureaus 
to  be  designated  by  the  chief  clerk  of  the  department. 

2.  Lunch  hours  varied. — In  the  interest  of  the  service,  so  that  all  the 
clerks  in  important  rooms  shall  not  be  absent  at  the  same  time,  chief 
clerks  may  vary  the  time  for  luncheon  of  certain  employees. 

3.  Tardiness  to  ~be  reported. — Tardy  arrival  for  duty  and  premature 
cessation  of  work  shall  be  charged  as  annual  leave,  at  the  rate  of 
one-half  hour  for  each  absence  of  a  half  hour  or  fraction  thereof, 
unless  this  leave  is  exhausted;  then  as  leave  without  pay.    Reduction 
in  grade  and  pay  will  follow  habitual  absence  from  duty  due  to  the 
causes  herein  mentioned.     Employees  arriving  late  shall  sign  a  tardy 
slip  (l-034a),  which  shall  at  once  be  forwarded  to  the  chief  clerk  of 
the  bureau. 

4.  Tardiness  defined. — Tardy  means  failure  of  the  employee  to  be  at 
post  of  duty  at  hour  for  beginning  official  business  or  at  hour  for 
resuming  work  after  luncheon. 

5.  Continuous  duty  required. — Officials  and  employees  must  bear  in 
mind  that  mere  physical  presence  during  office  hours  is  not  sufficient, 
but  that  continuous  duty  is  also  required.     Exemplary  conduct  is 
enjoined  on  chiefs  of  divisions,  who  must  also  require  those  under 
their  supervision  to  devote  their  time  during  office  hours  exclusively 
to  official  duties. 

6.  Penalties  for  evasion. — Evasion  of  the  laws  or  taking  undue  ad- 
vantage of  the  regulations  covering  leave  of  absence,  or  attempts  to 
avoid  being  charged  with  absences  during  office  hours,  will  be  severely 
dealt  with  and  may  result  in  reduction  of  salary  or  dismissal. 

TIME  REPORTS. 

7.  Time  reports  to  ~be  kept  and  verified. — Weekly  time  reports  (1-047) 
shall  be  kept  in  all  divisions,  sections,  etc.,  on  which  shall  appear 
the  names  of  all  employees  connected  therewith.     Arrivals,  depar- 
tures, and  absences  shall  be  accurately  recorded  thereon.     At  the 
beginning  of  the  week  the  reports  for  the  preceding  week  shall  be 


90  REGULATIONS  GOVERNING  PENSION   BUREAU. 

sent  to  the  chief  clerk  of  the  bureau  for  verification  by  grants  of 
leaves  and  for  posting  the  absences  on  consolidated  records. 

8.  Accuracy. — Accuracy  should  be  observed  in  noting  arrivals  and 
departures  and  all  absences  during  the  day,  instead  of  a  perfunctory 
use  of  the  hours  of  9,  4.30,  etc. 

NEW,  TEMPORARY,  AND  PER  DIEM  EMPLOYEES. 

9.  New   employees. — Regular   employees   who   have   been   in   the 
department  less  than  a  year,  including  those  reinstated,  except  those 
appointed  by  transfer  from  other  departments,  will  be  entitled  to 
annual  and  sick  leave  of  absence  at  the  rate  of  two  and  one-half  days 
for  each  month  of  service. 

10.  Transferred    employees. — Persons    transferred     from    another 
department,  or  from  one  bureau  or  office  to  another  within  this  depart- 
ment, will  be  charged  with  the  leave  taken  in  current  year  prior  to 
such  transfer.     Certificates  from  their  former  departments  will  be 
required. 

11.  Absence  certificates  on  transfer. — Employees  transferred  from 
this  department  to  another  will  be  given  certificates  showing  their 
absence  in  the  current  year  to  date  of  transfer. 

12.  Per  diem  employees. — Per  diem  employees  shall  not  be  granted 
leave  with  pay  if  their  appointments  state  salary  "when  actually 
employed. "     If  per  diem  rate  is  simply  a  measure  of  salary  and  they 
are  regularly  and   continuously  employed  without   limitation,  they 
are  entitled  to  leave  the  same  as  those  with  annual  or  monthly  rates 
of  salary. 

13.  Temporary    employees. — Temporary    employees    will    not    be 
allowed  leave  with  pay  for  the  first  two  months  of  service. 

APPLICATIONS. 

14.  Application  form. — Applications  for  leave  of  absence  shall  be 
made  upon  a  printed  form  (1-034)  which  shall  contain  in  writing 
the  name,  position,  and  salary  of  the  applicant,  the  specific  period 
for  which  leave  is  desired,  the  kind  of  leave  desired,  the  initials  or 
signature  of  official  recommending  the  leave,  the  date  of  return  to 
duty,  with  name  or  initials  of  official  verifying  the  return,  and  a 
space  for  the  signature  of  the  chief  clerk  approving  same.     For  the 
information  of  the  chief  clerk  the  clerk  in  charge  of  leaves  shall  note 
within  the  .space  provided  upon  said  form  the  amount  of  leave  pre- 
viously granted  in  same  year.     Upon  the  reverse  of  this  printed 
form  affidavit  of  applicant  as  to  sickness  and  certificate  of  attending 
physician  shall  appear. 

15.  Written   (not  stamped)  signatures. — Applications  for  leave  of 
absence  should  have  the  written  approval  (not  stamped)  of  the  approv- 
ing bureau  officer,  as  evidence  that  he  has  made  a  careful  investi- 
gation of  the  leave  in  question  and  finds  it  satisfactory. 


REGULATIONS   GOVERNING  PENSION   BUREAU.  91 


GENERAL. 


16.  Authority  to  grant  leaves. — The  head  of  each  bureau  or  office  of 
this  department,  through  the  chief  clerk  of  the  bureau,  is  hereby 
authorized  to  grant  to  the  clerks  and  other  employees  thereof  the 
annual,  sick,  and  military  leave  with  pay  permitted  by  law;  but 
applications  for  leave  without  pay  shall  be  forwarded  to  the  Secre- 
tary, in  accordance  with  paragraph  50. 

17.  Leave  revocable. — Leave  of  absence  may  be  revoked  at  any  time 
and  the  employee  ordered  to  return  to  duty  before  its  expiration, 
should  the  exigencies  of  the  service  require  it. 

18.  Extension. — Applications   for    continuous    extension    of   leave 
should  be  marked  Extension. 

19.  Only  accrued  leave  allowed  on  resignation,  etc.;  exceptions. — On 
separation  from  the  department  by  resignation,  dismissal,  or  transfer, 
employees  will  be  allowed  only  accured  leave  at  the  rate  of  two  and 
one-half  days  for  each  month  of  service  since  the  first  of  the  calendar 
year;  but  heads  of  bureaus  may  grant  more  than  this  (within  the 
legal  limit)  when  separation  occurs  after  the  middle  of  the  year  and 
the  employee  has  served  five  or  more  years  and  there  are  other  meri- 
torious reasons  for  exception  to  the  rule,  in  the  latter  case  in  writing. 

20.  Allowance  of  leave  confined  to  current  year. — Leave  is  not  cumula- 
tive.    Employees  who  are  prevented  by  the  requirements  of  the  serv- 
ice, or  otherwise,  from  availing  themselves  of  the  regular  annual 
leave  will  not  be  entitled  to  it,  or  any  portion  thereof,  in  a  subsequent 
year;  nor  will  leave  to  be  used  in  one  year  and  charged  to  a  subse- 
quent year  be  granted. 

21.  "Granted"  includes  all  absences. — The  word  "  gran  ted"  is  con- 
strued to  include  not  only  leave  formally  and  specifically  granted,  but 
all  other  absence  as  recorded  on  time  reports. 

22.  Sundays,  holidays,  half  holidays;  when  counted,  when  not. — Sun- 
days and  legal  holidays  and  holidays  by  Executive  order,  whether 
for  the  whole  or  part  of  a  day,  at  the  beginning  or  end  of  any  kind 
of  leave,  or  within  a  period  of  annual  leave,  including  the  half  holi- 
days before  Christmas  and  New  Year,  will  not  be  counted;  but  those 
which  occur  within  a  period  of  sick  leave  or  leave  without  pay  will 
be  counted.     (See  paragraph  60.) 

23.  Saturday  afternoons  in  summer. — Saturdays  in  July,  August,  and 
September  will  be  charged  as  four  hours  in  annual  leave,  and  as  a 
whole  day  in  sick  and  without  pay  leave. 

24.  Absence  for  promotion  examinations. — Absence   of   employees 
while  actually  engaged  in  taking  promotion  examinations,  held  by  the 
Civil  Service  Commission,  will  not  be  charged. 

25.  Presidential  appointees. — While  presidential  appointees  are  not 
held  to  be  subject  to  the  law  limiting  the  leave  of  absence  of  Govern- 
ment employees  to  30  days  each  year,  yet  it  is  desired  that  the 


92  REGULATIONS   GOVERNING   PENSION   BUREAU. 

measure  be  not  greatly  exceeded  without  good  reason.  For  future 
reference  such  officers'  absence  must  be  definitely  recorded  hi  their 
bureaus. 

AITNTTAL  LEAVE. 

To  new  and  reinstated  employees.     (See  paragraph  9.) 
To  per  diem  employees.     (See  parapraph  12.) 
To  temporary  employees.     (See  paragraph  13.) 

26.  Application  in  advance. — Application  must  be  made  in  advance 
of  the  date  of  the  beginning  of  the  leave  on  the  blank  (1-034)  provided 
therefor  by  the  department. 

27.  Consecutive  days  only. — Application  should  be  made   for  only 
the  number  of  consecutive  days  desired. 

28.  Saturdays  in  summer.— Saturdays  in  July,  August,  and  Septem- 
ber will  be  charged  as  four  hours,  9  a.  m.  to  1  p.  m. 

29.  Luncheon  half  hour  deducted  in  fractional  absence. — The  luncheon 
hah*  hour  is  deducted  from  annual  leave  for  part  of  a  day  when  it 
occurs  during  the  absence,  as  from  11  a.  m.  to  3  p.  m.,  which  should 
be  charged  as  three  and  a  half  hours  (seven-fourteenths)  and  not  as 
four  hours.     If  employee  was  present  the  other  three  and  a  half  hours 
of  that  day,  absence  can  not  exceed  the  remainder  of  the  seven  hours 
of  which  a  full  day  consists. 

30.  Deduction  from  annual  leave  for  absence  without  pay. — Propor- 
tionate deduction  from  annual  leave  shall  be  made  at  the  rate  of  1 
day  for  each  12  days  of  furlough  or  leave  without  pay.     (See  also 
paragraphs  40  and  58.) 

31.  Reserve  few  days  for  emergencies. — Employees  are  advised  to 
reserve  a  margin  of  their  annual  leave  to  avoid  leave  without  pay 
to  meet  unforeseen  demands. 

SICK  LEAVE. 

To  new  and  reinstated  employees.     (See  paragraph  9.) 
To  per  diem  employees.     (See  paragraph  12.) 
To  temporary  employees.     (See  paragraph  13.) 

32.  Physician's  certificate. — A  physician's  certificate  will  not  be 
deemed  satisfactory  unless  it  shows  the  name  of  the  employee,  that 
he  personally  attended  him,  the  date  or  dates  of  attendance,  the 
place  of  attendance  (residence — street  and  number — or  office),  the 
duration  of  the  illness,  and  that  the  employee  was  actually  physically 
disabled  for  the  performance  of  official  duties. 

33.  Only  regularly  practicing  licensed  physicians. — Certificates  of 
sickness  will  be  accepted  from  none  but  regularly  practicing  physi- 
cians, licensed  according  to  law. 

34.  Without  physician's  certificate;  limits. — Sick  leave  will  not  be 
allowed  without  a  physician's  certificate,  unless  application  is  accom- 
panied by  a  sworn  statement  that  the  absence  was  due  entirely  to 


REGULATIONS   GOVERNING   PENSION   BUREAU.  93 

personal  illness,  that  no  physician  was  employed,  that  the  employee 
was  wholly  unable  to  perform  official  work  or  to  be  present  at  his 
post  of  duty,  and  that  he  was  confined  to  his  residence  (giving 
residence)  during  said  period.  Periods  not  exceeding  3  days  may 
be  granted  on  affidavit,  and  the  aggregate  of  affidavit  sick  leave 
shall  not  exceed  12  days  in  one  year. 

35.  Slight  ailments. — Slight  ailments  or  indisposition  will  not  be 
accepted  as  sufficient  cause  for  allowing  sick  leave;  such  absences 
should  be  charged  to  annual  leave. 

36.  Investigation. — When  deemed  advisable,  an  officer  of  the  de- 
partment will  be  directed  to  investigate  and  report  the  facts  in  any 
case  of  sickness  or  absence. 

37.  Absentees  must  report  fact  within  24  hours. — An  employee  absent 
on  account  of  personal  illness  must  report  the  fact  to  the  chief  clerk 
of  the  bureau  in  which  employed  within  24  hours,  otherwise  the  time 
lost  may  be  charged  to  annual  leave  or  leave  without  pay. 

38.  Application  must  be  made  within  3  days. — Application  for  sick 
leave  must  be  made  within  3  days  after  the  return  of  the  employee 
to  duty. 

39.  Reports  in  protracted  illness. — When  absence  by  illness  is  pro- 
tracted, report  should  be  sent  to  the  chief  clerk  of  the  bureau  at 
intervals  of   10  days,  if  possible,   as  to  employee's  condition  and 
probable  return  to  duty. 

40.  Deduction  from  allowance  because  of  leave  without  pay. — Propor- 
tionate deduction  from  sick  leave  shall  be  made  at  the  rate  of  1  day 
for  each   12   days  of  furlough  or  leave  without  pay.     (See  para- 
graphs 30  and  58.)     This  applies  also  to  reinstated  employees  in 
regard  to  the  period  of  their  separation  from  the  department  in  the 
current  year. 

41.  Quarantine. — When  en  employee  has  been  exposed  to  a  conta- 
gious disease  against  which  the  medical  authorities  quarantine  the 
patient,  he  should  immediately  file  with  the  chief  clerk  of  the  bureau 
in  which  employed  a  certificate  from  the  attending  physician,  where 
such  be  the  case,  stating  that  in  his  judgment  the  presence  of  the  em- 
ployee in  the  office  would  jeopardize  the  health  of  fellow-clerks. 
Application  for  leave  with  pay  for  the  time  lost  must  be  accom- 
panied by  a  certificate  from  the  health  office  showing  that  a  case  of 
contagion  existed  on  the  premises  during  the  time  covered  by  the 
application,  and  the  attending  physician  must  certify  that  all  danger 
from  contagion  has  passed. 

42.  Not  less  than  half  day  granted. — Sick  leave  will  not  be  granted 
or  charged  on  time  report  for  less  than  half  a  day  for  each  absence 
of  a  half  day  or  fraction  thereof;  but  absence  in  excess  of  half  a  day 
will  be  charged  actual  time. 

43.  Not  granted  in  advance. — Sick  leave  will  not  be  granted  in 
advance. 


94  REGULATIONS   GOVERNING  PENSION   BUREAU. 

44.  Dentistry. — Absence  for  the  purpose  of  being  treated  profes- 
sionally by  a  dentist  at  his  office  is  not  allowable  as  sick  leave.     This 
is  not  intended  to  disallow  sick  leaVe  for  detention  at  home  by  illness 
or  disability  due  to  causes  as  to  which  a  dentist  is  qualified  to  certify. 

45.  Sundays  and  holidays. — Sundays,  holidays,  and  half  holidays 
occurring  within  a  period  of  absence  on  account  of  sickness  or  quar- 
antine will  be  charged,  but  when  occurring  at  the  beginning  or  end 
of  such  leave  will  not  be  charged. 

46.  Intervening  Sunday. — When  an  employee  is  on  sick  leave  which 
expires  on   (including)   Saturday,   and   continues   absent  beginning 
Monday  following  on  annual  leave,  the  intervening  Sunday  is  not 
charged. 

47.  Inspection  of  records  forbidden. — Records  of  sick  leaves  are  not 
open  to  inspection  by  employees. 

48.  Penalties  for  deception. — All  employees  will  be  held  to  a  strict 
accountability  for  statements  made  by  them  of  inability  to  perform 
duty.     When  sick  leave  has  been  granted  and  subsequent  develop- 
ments prove  that  it  was  obtained  by  misrepresentation,  it  will  be 
charged  to  leave  without  pay  even  if  the  offender  has  annual  leave 
still  due.     A  second  attempt  to  mislead  or  deceive  official  superiors, 
directly  or  indirectly,  in  regard  to  absence  on  account  of  alleged 
sickness,  will  be  deemed  sufficient  cause  for  dismissal. 

49.  Modifying  annual  leave  to  sick  leave. — No  modification  of  annual 
to  sick  leave  will  be  made  unless  sickness  begins  on  or  before  the 
first  day  of  the  period  granted  as  annual  leave,  whesi  the  latter  may 
be  surrendered  and  sick  leave  granted  instead  under  the  usual  limita- 
tions.    The  circumstances  and  surroundings  of  an  employee  on  vaca- 
tion are  usually  so  different  from  when  on  official  duty  that  it  seems 
beyond  the  intent  of  the  law  and  regulations  to  grant  sick  leave 
during  a  period  of  annual  leave. 

Such  limitation  of  sick  leave  as  may  be  fixed  will  be  under  the  "dis- 
cretion of  the  Jiead  of  the  department"  as  provided  in  the  act  of  March  15, 
1898  (30  Stats.,  316),  as  amended  by  the  act  of  July  7,  1898  (30  Stats., 
853). 

LEAVE  WITHOUT  PAY. 

50.  Applications. — Applications  for  leave  without  pay  shall  be  for- 
warded to  the  Secretary,  with  recommendation  of  the  head  of  the 
bureau,  excepting  those  enumerated  in  the  following  paragraph: 

51.  Employees  not  paid  through  department's  disbursing  office.— 
Heads  of  bureaus   are  authorized  to  grant  leave  without  pay  to 
employees  who  are  not  paid  through  the  department's  disbursing 
office,  such  as  the  pension  agencies,  the  Indian  and  land  field  services 
(outside  of  Washington),  and  the  Geological  Survey  and  Reclamation 
Service,  both  of  the  latter  having  their  own  disbursing  officers.     The 
foregoing  need  not  be  reported  to  the  Secretary. 


REGULATIONS  GOVERNING  PENSION  BUREAU.  95 

52.  Not  a  right,  'but  a  favor. — Leave  without  pay  is  not  to  be  con- 
sidered as  a  right,  but  may  be  granted  as  a  favor  only  when,  in  the 
opinion  of  the  head  of  the  bureau,  the  public  business  will  not  suffer 
by  the  absence  and  when  reasonable  cause  is  shown. 

53.  Not  to  be  granted  for  extended  period;  resignation  instead. — Pub- 
lic service  will  not  permit  of  an  indefinite  and  indiscriminate  exten- 
sion of  this  privilege.     Leave  without  pay  for  an  extended  period 
will  not  be  granted,  but  the  employee  desiring  such  leave  will  be 
required  to  resign,  subject  to  reinstatement,  if  in  good  standing. 

54.  Absence  without  pay  at  'beginning  of  year. — An  employee  who  is 
absent  at  the  end  of  the  year  without  pay,  and  continues  absent  at  the 
beginning  of  the  next  year,  is  not  entitled  to  annual  or  sick  leave  on 
the  new  year's  allowance  until  return  to  duty  for  an  aggregate  of 
30  days;  thereafter  leave  of  absence  with  pay  from  January  1  is  per- 
missible. 

55.  Deduction  of  pay  for  absence  in  excess  of  legal  limit. — Absence  of 
employees  in  excess  of  the  legal  allowance  with  pay  must  be  covered 
by  an  application  for  leave  of  absence  without  pay  for  one  day  or 
more,  as  no  excess  can  be  permitted  without  a  deduction  therefor.     In 
the  case  of  a  deduction  of  a  day's  pay  where  the  employee  has  not 
been  absent  an  entire  day  he  may  take  the  balance  of  the  day's  time 
without  further  deduction,  subject  to  approval  by  the  chief  clerk, 
provided  the  time  is  taken  in  the  same  year. 

56.  Stop  pay;  immediate  reports. — The  payment  of  more  money 
than  an  employee  is  entitled  to  under  the  laws  and  rules  must  be 
guarded  against.     Absences  in  excess  of  the  lawful  allowance  must 
be  reported  by  the  bureau  to  the  Secretary  immediately,  excepting 
employees  covered  by  paragraph  51,  and  the  disbursing  clerk  must 
be  promptly  notified. 

57.  Basis  for  deduction  from  annual  and  sick  allowance. — A  pro- 
portionate deduction  from  allowance  of  both  annual  and  sick  leave 
shall  be  made  at  the  rate  of  1  day  for  each  12  days  (2J  per  month) 
of  furlough  or  leave  without  pay  in  the  current  year.     (See  also 
paragraphs  30  and  40.) 

58.  Retroactive  deduction  from  annual  leave. — If  absence  without 
pay  for  12  or  more  days  should  occur  after  annual  leave  is  exhausted, 
application  for  leave  without  pay  to  modify  the  excess  of  annual 
leave    already   taken   will   be   required.     (See   also   paragraphs   30 
and  40.) 

59.  Sundays  and  holidays  included. — Sundays  and  holidays  and  half 
holidays  occurring  within  a  period  of  leave  without  pay  will  be 
charged  as  whole  days.     Saturday  in  the  summer  months  will  be 
charged  as  whole  day. 

60.  Half  holiday  ending  leave  counted  as  whole  day. — Where  the 
last  day  of  a  period  of  leave  without  pay  is  a  Saturday  (or  other  day) 

76704°— 15 7 


96  [REGULATIONS  GOVERNING  PENSION  BUREAU. 

of  which  the  afternoon  is  a  holiday,  and  the  person  returns  to  duty 
the  following  Monday  morning,  it  is  necessary  to  charge  the  whole 
day  to  conform  with  the  Treasury  regulation,  which  forbids  the 
division  of  a  day's  salary;  and  the  balance  of  the  overcharged  day 
may  not  be  taken  at  some  other  time  without  further  charge. 

61.  Sunday  between  sick  leave  and  leave  without  pay  counted. — When 
sick  leave  expires  on  (including)  Saturday  and  the  employee  con- 
tinues absent,  beginning  Monday  following  on  leave  without  pay, 
the  intervening  Sunday  is  charged  without  pay. 

COURT  LEAVE. 

62.  Subpoenaed   employees;  special   leave;  Government   witnesses.— 
Employees  who  have  been  subpoenaed  to  attend  court  will  be  allowed 
special  leave  of  absence  with  pay  when  serving  as  witnesses  for  the 
Government;  otherwise  such  absence  will  be  charged  to  annual  leave 
or  leave  without  pay.     (See  sec.  850  Revised  Statutes.) 

63.  Official  business  at  court. — Attendance  at  court  for  official  busi- 
ness connected  with  the  employee's  usual  departmental  duties,  and 
time  required  in  going  and  returning,  is  not  considered  absence  from 
duty.     This  applies  to  special  agents,  inspectors,  and  detailed  clerks, 
and  similar  employees  whose  cases  take  them  into  court  to  attend 
trials. 

ABSENCE  WITHOUT  LEAVE. 

64.  Penalty. — Employees  absent  without  first  obtaining  leave,  and 
not  sick  or  quarantined,  may  be  subject  to  the  enforcement  of  leave 
without  pay,  and  repetitions  of  the  offense  may  be  deemed  good 
ground  for  dismissal. 

MILITARY. 

65.  Application  for  military  leave  must  be  supported  by  the  certifi- 
cate of  a  competent  officer  of  the  District  National  Guard. 

WATCHMEN'S  LEAVES. 

66.  Sundays  and  holidays  within  periods  of  any  kind  of  leave 
granted  watchmen  will  be  counted,  inasmuch  as  the  requirements  of 
their  service  necessitates  duty  every  day;  but  to  offset,  at  least  to 
some  extent,  the  captain  of  the  watch  may  excuse  them  from  duty 
on  occasional  other  days. 


LAWS  AUTHORIZING  LEAVES  OF  ABSENCE. 

Act  of  March  15,  1898  (30  Stats.,  316),  authorizing  30  days' 
annual  and  30  days'  sick  leave  in  lieu  of  the  act  of  March  3,  1893 
(27  Stats.,  715),  which  authorized  also  30  days'  excess  sick  leave: 

*  *  *  Hereafter  it  shall  be  the  duty  of  the  heads  of  the  several  executive 
departments,  in  the  interest  of  the  public  service,  to  require  of  all  clerks  and  other 
employees  of  whatever  grade  or  class,  in  their  respective  departments,  not  less  than 


REGULATIONS   GOVERNING  PENSION   BUREAU.  97 

seven  hours  of  labor  each  day,  except  Sundays  and  days  declared  public  holidays 
by  law  or  executive  order:  Provided,  That  the  heads  of  the  departments  may,  by 
special  order,  stating  the  reason,  further  extend  the  hours  of  any  clerk  or  employee 
in  their  departments,  respectively;  but  in  case  of  an  extension  it  shall  be  without 
additional  compensation:  Provided  further,  That  the  head  of  any  department  may 
grant  thirty  days'  annual  leave  with  pay  in  any  one  year  to  each  clerk  or  employee: 
And  provided  further ,  That  where  some  member  of  the  immediate  family  of  a  clerk 
or  employee  is  afflicted  with  a  contagious  disease  and  requires  the  care  and  attend- 
ance of  such  employee,  or  where  his  or  her  presence  in  the  department  would  jeopardize 
the  health  of  fellow-clerks,  and  in  exceptional  and  meritorious  cases,  where  a  clerk 
or  employee  is  personally  ill,  and  where  to  limit  the  annual  leave  to  thirty  days  in 
any  one  calendar  year  would  work  peculiar  hardship,  it  may  be  extended,  in  the 
discretion  of  the  head  of  the  department,  with  pay,  not  exceeding  thirty  days  in 
any  one  case  or  in  any  one  calendar  year. 

This  section  shall  not  be  construed  to  mean  that  so  long  as  a  clerk  or  employee 
is  borne  upon  the  rolls  of  the  department  in  excess  of  the  time  herein  provided  for 
or  granted  that  he  or  she  shall  be  entitled  to  pay  during  the  period  of  such  excessive 
absence,  but  that  the  pay  shall  be  stopped  upon  the  expiration  of  the  granted  leave. 

Act  of  July  7,  1898  (30  Stats.,  853),  authorizing  30  days'  annual 
leave  "  notwithstanding  such  clerk  or  employee  may  have  had 
during  such  year  not  exceeding  30  days'  leave  with  pay  on  account 
of  sickness. " 

*  *    *    Nothing  contained  in  section  seven  of  the  act  making  appropriations 
for  the  legislative,  executive,  and  judicial  expenses  of  the  Government  for  the  fiscal 
year  eighteen  hundred  and  ninety-nine,  approved  March  fifteenth,  eighteen  hundred 
and  ninety-eight,  shall  be  construed  to  prevent  the  head  of  any  executive  department 
from  granting  thirty  days'  annual  leave  with  pay  in  any  one  year  to  a  clerk  or 
employee,  notwithstanding  such  clerk  or  employee  may  have  had  during  such  year 
not  exceeding  thirty  days'  leave  with  pay  on  account  of  sickness  as  provided  in  said 
section  seven. 

Act  of  February  24,  1899  (30  Stats.,  890),  providing  that  30 
days'  annual  leave  "  shall  be  exclusive  of  Sundays  and  legal  holidays. " 

*  *    *    That  the  thirty  days'  annual  leave  of  absence  with  pay  in  any  one  year 
to  clerks  and  employees  in  the  several  executive  departments  authorized  by  existing 
law  shall  be  exclusive  of  Sundays  and  legal  holidays. 

Act  of  March  1,  1889  (25  Stats.,  779),  providing  for  the  organiza- 
tion of  the  Militia  of  the  District  of  Columbia. 

SEC.  49.  That  all  officers  and  employees  of  the  United  States  and  of  the  District 
of  Columbia  who  are  members  of  the  National  Guard  shall  be  entitled  to  leave  of 
absence  from  their  respective  duties,  without  loss  of  pay  or  time,  on  all  days  of  any 
parade  or  encampment  ordered  or  authorized  under  the  provisions  of  this  act. 

By  the  act  of  July  1,  1902  (32  Stats.,  615),  the  foregoing  section 
is  construed  to  cover  all  days  of  service  which  the  National  Guard,  or 
any  portion  thereof,  may  be  ordered  to  perform  by  the  commanding 
general. 


98  REGULATIONS   GOVERNING   PENSION   BUREAU. 

GENERAL  PRACTICE. 

REGULATIONS  AND   INSTRUCTIONS   RELATING  TO   PENSION 

CLAIMS. 

DECLARATIONS  AND  EVIDENCE. 

416.  All  declarations  and  affidavits  must  be  executed  before  some 
officer  duly  authorized  to  administer  oaths  for  general  purposes,  in 
accordance  with   the  provisions   of  the   act  of  Congress   approved 
July  26,  1892. 

417.  Blank  forms  of  declarations  shall  be  furnished  to  claimants 
upon  application  therefor.     They  shall  not  be  furnished  to  agents  or 
attorneys,  but  sample  forms  shall  be  sent  on  request. 

418.  A  claimant  under  any  law  may  prosecute  his  claim  in  person, 
or  by  attorney  under  certain  laws,  and  his  claim  shall  receive  the  same 
consideration  by  the  Bureau  of  Pensions  if  prosecuted  in  person  as 
if  by  attorney. 

PENSIONS  TO  SURVIVORS  OF  WARS  PRIOR  TO  1881,  AND  TO  THEIR  WIDOWS. 

419.  War  of  the  Revolution,  service  pensions. — (a)  Widows  of  soldiers 
who  served  for  14  days  or  more,  or  were  in  battle  during  the  war, 
were  entitled,  provided  they  had  not  remarried,  to  $8  per  month  from 
March  9,  1878,  and  $12  per  month  from  March  19,  1886.     (6)  The 
widow  of  a  Revolutionary  soldier  who,  in  his  lifetime,  was  granted  a 
pension,  was  entitled,  under  section  4743,  Revised  Statutes,  to  pension 
at  the  same  rate  as  was  paid  the  husband,  notwithstanding  remarriage, 
upon  proof  of  widowhood,     (c)  There  is  no  law  granting  pension  to 
the  daughters  or  other  descendants  of  soldiers  of  the  Revolution. 
Any  daughters  of  Revolutionary  soldiers  who  received  pensions  were 
placed  on  the  pension  roll  by  special  acts  of  Congress. 

420.  War  of  1812,  service  pensions. — (a)  Under  the  act  of  March  9, 
1878,  soldiers  and  sailors  who  served  14  days  or  more,  or  were  in 
any  engagement,  during  this  war,  and  were  honorably  discharged, 
and  the  widows  of  such  soldiers  and  sailors,  irrespective  of  the  date 
of  marriage,  are  entitled  to  $8  per  month  from  March  9,  1878.     Under 
the  act  of  March  19,  1886,  widow  pensioners  mentioned  in  this  para- 
graph are  entitled  to  $12  per  month  from  that  date.     (6)  There  is 
no  law  granting  service  pensions  to  the  descendants  of  soldiers  or 
sailors  of  the  War  of  1812. 

421.  Indian  wars  from  1832  to  1842,  service  pensions. — (a)  The  act 
of  July  27,  1892,  provides  pensions  for  the  surviving  officers  and  en- 
listed men,  including  marines,  militia,  and  volunteers,  who  were  in 
the  military  or  naval  service  of  the  United  States  for  30  days  in  the 
Black  Hawk  War,  the  Creek  War,  the  Cherokee  disturbances,  or  the 
Florida  War  with  the  Seminole  Indians,  and  were  honorably  dis- 
charged ;  or  who  were  personally  named  in  any  resolution  of  Congress 


REGULATIONS   GOVERNING   PENSION   BUREAU.  99 

for  specific  services  therein ;  and  for  their  widows,  provided  they  have 
not  remarried.  Claimants  under  this  act  must  be  actual  and  bona  fide 
residents  of  the  United  States  at  the  date  of  making  application.  All 
pensions  under  this  act  are  fixed  at  $8  per  month,  irrespective  of  rank, 
and  are  payable  from  July  27,  1892,  or,  in  widows'  cases,  where  the 
soldier  died  subsequent  to  July  27,  1892,  from  the  date  of  his  death. 
The  rate  for  widows  is  increased  to  $12  by  the  act  of  April  19,  1908, 
and  the  rate  for  survivors  to  $20  by  the  act  of  February  19,  1913. 

422.  Indian  wars  from  1817  to  1858. — The  provisions  of  the  fore- 
going act  of  July  27,  1892,  were  extended  by  the  act  of  June  27,  1902, 
from  the  date  of  its  passage,  to  the  surviving  officers  and  enlisted 
men,  including  marines,  militia,  and  volunteers  of  the  military  and 
naval  service  of  the  United  States  who  served  for  30  days  or  more 
and  were  honorably  discharged  under  the  United  States  military, 
State,  Territorial,  or  provisional  authorities  in  certain  specified  Indian 
wars  occurring  from  1817  to  1858.     This  act  also  made  provision  for 
the  surviving  widows  of  such  officers  and  men  who  have  not  remar- 
ried.    In  establishing  these  claims  a  record  of  pay  by  the  United 
States  is  accepted  to  prove  record  of  enlistment  and  service. 

423.  Indian  wars,  etc.,  from  1855  to  1860. — The  provisions  of  the 
foregoing  act  of  July  27,  1892,  were  extended  by  the  act  of  May  30, 
1908,  to  the  surviving  officers  and  enlisted  men  of  the  Texas  volun- 
teers who  served  in  the  defense  of  the  frontier  of  that  State  against 
Mexican  marauders  and  Indian  depredations  from  the  year  1855  to 
the  year  1860,  inclusive,  and  to  the  surviving  widows  of  such  officers 
and  men  who  have  not  remarried.     In  establishing  these  claims, 
where  there  is  no  record  of  enlistment  or  muster  into  the  service  of 
the  United  States,  the  fact  of  reimbursement  to  the  State  of  Texas 
by  the  United  States,  as  evidenced  by  the  muster  rolls  and  vouchers 
on  file  in  the  bureau,  shall  be  accepted  as  full  and  satisfactory  proof 
of  such  enlistment  and  service. 

424.  Mexican  War,  service  pensions. — (a)  Under  the  act  of  January 
29,  1887,  officers  and  enlisted  men  who  were  in  the  military  or  naval 
service  of  the  United  States  for  60  days  in  the  Mexican  War,  or  on 
the  coasts  or  frontier  thereof^  or  en  route  thereto,  or  who  were  in  a 
battle  and  were  honorably  discharged,  or  who  were  personally  named 
in  any  resolution  of  Congress  for  specific  services  therein,  are  entitled 
to  pension  if  62  years  of  age;  or,  if  not,  upon  proof  of  pensionable 
disability  or  dependence,  but  disability  incurred  while  voluntarily 
aiding  or  abetting  the  late  rebellion  does  not  give  title  to  pension. 
(6)  Widows  of  officers  and  enlisted  men  who  served  as  above  are  en- 
titled to  pension  upon  the  same  conditions  as  to  age  or  dependence  as 
apply  to  officers  and  enlisted  men.     (c)  Pensions  under  this  act  com- 
mence on  January  29,  1887,  if  a  pensionable  condition  existed  at  that 
date,  in  survivors'  claims,  by  reason  of  age,  dependence,  or  disability, 


100  REGULATIONS   GOVERNING   PENSION   BUREAU. 

and  in  widows'  claims,  by  reason  of  age  or  dependence;  if  not,  then  on 
the  date  the  applicant  becomes  62  years  of  age,  or  dependent,  or  dis- 
abled within  the  meaning  of  the  law.  (d}  The  rate  of  pension  to 
survivors  is  $8  per  month,  irrespective  of  rank.  This  rate  for  sur- 
vivors was  increased  by  the  act  of  January  5,  1893,  to  $12  per  month, 
but  its  benefits  were  limited  to  those  who  were  pensioners  on  January 
5,  1893.  To  secure  this  increase  the  act  requires  that  a  pensioner 
must  show  that  he  is  wholly  disabled  for  manual  labor  and  in  such 
destitute  circumstances  that  $8  per  month  is  a  sum  insufficient  to  pro- 
vide him  with  the  necessaries  of  life.  The  act  of  April  23,  1900, 
removed  the  limitation  imposed  in  the  act  of  January  5,  1893.  The 
act  of  March'3,  1903,  pensions  all  survivors  of  the  Mexican  War  at  S12 
per  month,  irrespective  of  the  conditions  named  in  the  act  of  January 
5,  1893,  and  the  act  of  April  23,  1900.  (e)  The  pension  to  a  widow 
under  this  act  is  $8  per  month,  but  the  act  of  April  19,  1908,  estab- 
lishes a  minimum  rate  of  $12  per  month  for  all  pensions  granted  to 
widows.  (/)  Descendants  of  deceased  Mexican  War  soldiers  are  not 
entitled  to  service  pension. 

425.  Act  of  February  6,  1907. — Under  this  act  any  person  who 
served  60  days  in  the  War  with  Mexico  in  the  military  or  naval 
service  of  the  United  States  and  has  been  honorably  discharged 
therefrom,  and  who  has  reached  the  age  of  62  years  or  over,  is  entitled 
to  a  pension  at  the  following  rates,  irrespective  of  rank:  At  62  years, 
$12  per  month;  at  70  years,  $15  per  month;  and  at  75  years  or  over, 
$20  per  month.     Pension  commences  from  the  date  of  filing  claim  in 
the  Bureau  of  Pensions  subsequent  to  February  6,  1907,  after  attain- 
ing the  specified  age. 

426.  Act  of  May  11,  1912. — This  act  provides  that  any  person 
who  served  60  days  or  more  in  the  War  with  Mexico  and  has  been 
honorably  discharged  therefrom  shall  receive  a  pension  of  $30  per 
month. 

427.  Pensions  for  disability  or  death  due  to  service  prior  to  March  4, 
1861. — (a)  Soldiers  who  were  wounded  or  injured,  or  who  contracted 
disease  in  the  line  of  duty,  are  entitled  to  pension  corresponding  in 
rate  to  the  degree  of  the  disability  incurred  in  the  service.     Persons 
who  rendered  naval  service  are  entitled  to  a  like  pension,  under  the 
same  conditions,  excepting  that  no  pension  may  be  granted  to  an 
engineer,    fireman,    or   coalheaver   for   disability   incurred   prior   to 
August  31,  1842.     (6)  The  widows,  or  children  under  16  years  of  age, 
of  soldiers  who  served  prior  to  March  4, 1861,  are  entitled  to  pension,  if 
the  soldier's  death  was  due  to  causes  originating  in  time  of  actual 
war,  and  not  otherwise.     Widows,  or  children  under  16,  of  sailors  who 
served  prior  to  March  4,  1861,  are  entitled  to  pension  only  when  the 
death  of  the  sailor  occurred  in  the  service  and  in  the  line  of  duty, 
(c)  Pensions  mentioned  in  this  paragraph,  if  not  applied  for  within 


REGULATIONS  GOVERNING  FffitfSIttN  BUREAtj.  101 

three  years  from  the  discharge  or  de'atii  -of"  the  person  •oil  whose 
account  the  right  to  pension  exists,  or  within  three  years  of  the 
termination  of  a  pension  previously  granted  on  account  of  the  service 
and  death  of  such  person,  commence  from  the  date  of  filing  by  the 
person  prosecuting  the  claim  the  last  paper  necessary  to  establish  the 
same,  (d)  The  rate  of  pension  allowed  to  one  whose  pensionable 
rights  accrued  prior  to  March  4,  1861,  is  subject  to  variation,  after 
July  25,  1866,  in  accordance  with  the  laws  passed  since  March  4, 
1861.  (e)  There  is  no  provision  of  law  granting  pensions  to  the 
parents,  brothers,  or  sisters  of  persons  who  rendered  military  or  naval 
service  prior  to  March  4,  1861. 

PENSIONS  TO  INVALIDS  SINCE  MARCH  4,  1861. 

428.  Sections  4692  and  4693,  Revised  Statutes. — The  declarations 
should  set  forth  the  company  and  regiment  in  which  the  applicant 
served,   the  name  of  the  commanding  officer  of  the  company  or 
organization,  and  the  dates  of  enlistment  and  discharge,  with  personal 
description   at  enlistment.     In  Navy  cases,   the  vessels   on  which 
claimant  served  should  be  stated.     If  the  claim  is  made  on  account 
of  a  wound  or  injury,  the  declaration  should  set  forth  the  nature  and 
locality  of  the  wound  or  injury,  the  time  when,  the  place  where,  and 
the  circumstances  under  which  it  was  received,  and  the  duty  upon 
which  the  applicant  was  engaged. 

If  the  wound  or  injury  was  accidental,  the  applicant  should  state 
whether  it  happened  through  his  own  agency,  or  that  of  other  per- 
sons, and  he  should  detail  minutely  the  circumstances  under  which  it 
was  received. 

If  the  claim  is  made  on  account  of  disability  from  disease,  the 
applicant  should  state  in  said  declaration  when  the  disease  first 
appeared,  the  place  where  he  was  when  it  appeared,  and  the  duty 
upon  which  he  was  engaged  at  the  time.  He  should  also  detail  the 
circumstances  of  exposure,  and  the  causes  which,  in  his  opinion, 
produced  the  disease.  Whether  the  application  be  made  on  account 
of  disability  from  wound,  injury,  or  disease,  the  claimant  should 
state  the  names,  addresses,  and  localities  of  all  hospitals  in  which  he 
received  medical  or  surgical  treatment,  giving  the  dates  of  his 
admission  thereto,  as  correctly  as  he  may  be  able. 

429.  The  applicant  should  state  in  the  declaration  each  and  every 
permanent  disability  which  he  claims  he  contracted  in  the  service  in 
line  of  duty,  and  should  also  state  definitely  that  the  disabilities 
named  are  the  only  disabilities  so  contracted.     If  such  statement  be 
not  embodied  in  the  declaration,  the  applicant  shall  be  required  to 
make  it  in  a  supplemental  affidavit;  and  this  requirement  shall  apply 
to  claims  heretofore  made  and  now  pending. 


102  KEGULATIO&S   GOVERNING   PENSION   BUREAU. 

The  applicant  should  state  his  post-office  address,  including  street 
and  number,  or  rural  free  delivery  route,  if  any. 

430.  In  declarations  for  original  invalid  pensions  under  sections 
4692  and  4693,  Revised  Statutes,  the  signature  of  the  applicant  should 
be  witnessed  by  the  signatures  of  two  competent,  credible  witnesses, 
who  should  appear  with  him  before  the  officer  whose  jurat  is  attached 
to  the  declaration. 

EVIDENCE  REQUIRED  IN  A  CLAIM  FOR  INVALID  PENSION. 

431.  After  the  receipt  of  an  application  for  pension  a  call  shall  be 
made,  in  Army  cases,  upon  The  Adjutant  General  for  the  full  military 
and  medical  history  of  the  applicant,  as  shown  by  the  records  of  the 
War  Department.     In  Navy  cases,  calls  for  such  evidence  shall  be 
made  upon  the  proper  bureaus  of  the  Navy  Department. 

432.  Since  the  consolidation  of  the  records  on  file  in  the  War 
Department  in  February,  1889,  it  is  often  practicable  to  obtain  addi- 
tional information  relating  to  a  soldier's  service  and  hospital  treat- 
ment, and  when  the  report  heretofore  furnished  by  the  War  Depart- 
ment was  made  prior  to  said  consolidation  of  the  records  another  call 
should  be  made  on  the  War  Department  for  a  military  and  medical 
history  of  the  soldier,  returning  the  reports  now  on  file. 

433.  When  the  records  of  the  War  or  Navy  Department  do  not 
furnish  satisfactory  evidence  that  the  disability  on  account  of  which 
the  claim  is  made  originated  in  the  service  of  the  United  States,  and  in 
the  line  of  duty,  the  claimant  shall  be  required  to  furnish  such  evidence 
in  accordance  with  the  instructions  hereinafter  given,  and  compliance 
with  such  requirement  must  be  full  and  definite. 

434.  "Line  of  duty"  is  a  technical  phrase,  which  is  defined  in  the 
administration  of  the  pension  laws  as  that  relation  which  a  soldier  or 
sailor  sustains  to  the  military  or  naval  service  of  the  United  States 
when  performing  an  act  connected  with  any  of  the  possible  conditions 
or  requirements  of  the  service,  or  in  the  observance  of  the  proper 
orders  of  his  superiors,  not  in  violation  of  the  Army  or  Navy  regu- 
lations. 

435.  If  the  disability  resulted  from  a  wound  or  injury,  the  nature 
and  location  of  the  wound  or  injury,  the  time  when,  the  place  where, 
and  the  manner  in  which  it  was  received,  whether  in  battle  or  other- 
wise, should  be  shown  by  the  evidence  of  some  one  who  was  a  commis- 
sioned officer  and  had  personal  knowledge  of  the  facts. 

436.  If  the  person  called  upon  to  give  evidence  is  still  in  the  service 
as  a  commissioned  officer,  his  certificate  shall  be  accepted  in  lieu  of  his 
affidavit.     If  there  is  no  record  of  the  disability  claimed,  the  applicant 
shall  be  called  upon  to  furnish  the  testimony  of  the  surgeon  by  whom 
he  was  treated,  showing  the  location  and  nature  of  the  wound  or 
injury  and  the  circumstances  under  which  it  was  received. 


REGULATIONS  GOVERNING  PENSION   BUREAU.  103 

437.  If  the  disability  arose  from  disease,  the  testimony  of  the  medi- 
cal officer  who  treated  the  applicant  in  service  should  be  furnished,  if 
possible,  showing  the  name  and  nature  of  the  disease,  the  time  when, 
the  place  where  it  was  contracted,  and  the  circumstances  of  exposure 
to  the  causes  which,  in  his  opinion,  produced  the  same;  and  he  should 
state  whether,  in  his  opinion,  the  habits  of  the  applicant  were  con- 
tributory to  the  origin  or  development  of  the  disease. 

438.  In  any  claim,  whether  based  on  wound,  injury,  or  disease,  if 
it  be  shown  that  the  testimony  of  a  surgeon,  assistant  surgeon,  or  other 
commissioned  officer  can  not  be  produced  as  evidence  of  the  origin  of 
the  disability  alleged,  the  testimony  of  other  persons  having  personal 
knowledge  of  the  facts  shall  be  considered. 

439.  In  a  claim  on  account  of  disability  from  disease  the  applicant 
must  furnish  the  testimony  of  each  physician  who  has  attended  him 
since  the  date  of  discharge,  explicitly  setting  forth  the  history  of  the 
disease  and  the  disability  since  its  first  appearance.     It  is  especially 
important  that  the  physician  who  first  attended  the  applicant  after  his 
discharge  state  the  date  at  which  the  attendance  commenced.     If  it 
should  not  be  possible  for  the  applicant  to  show  the  condition  of  his 
health  during  the  whole  period  since  the  date  of  his  discharge  by 
the  testimony  of  physicians,  the  cause  of  his  inability  to  do  so  should 
be  stated  by  him,  under  oath.     The  testimony  of  other  persons  on  this 
point  may  then  be  presented.     Statements  of  witnesses  in  regard  to 
the  manner  in  which  the  applicant  was  affected  should  be  full  and 
definite  and  should  show  how  such  witnesses  obtained  a  knowledge  of 
the  facts  to  which  they  testify. 

440.  The  act  of  March  3,  1885,  provides  that  all  applicants  for  pen- 
sions shall  be  presumed  to  have  had  no  disability  at  the  time  of  enlist- 
ment; but  such  presumption  may  be  rebutted.     It  has  been  held  that 
after  six  months'  continuous  service  immediately  following  enlistment 
uninterrupted  by  the  incurrence  of  any  pensionable  disability,  dis- 
eases contracted  thereafter  shall  be  accepted  as  due  to  the  service  upon 
record  evidence  alone.     If  there  is  a  record  of  the  alleged  disease  soon 
after  the  soldier's  enlistment,  and  the  evidence  raises  a  doubt  as  to  its 
origin  in  the  service,  the  questions  of   prior  soundness  and  origin 
should  be  determined  by  special  examination,  but  all  the  surroundings 
of  the  case  should  be  carefully  considered  before  this  course  is  taken. 

441.  Injuries  are  not  accepted  as  established  merely  on  a  record 
of  treatment  for  same  in  service,  for  the  reason  that  they  may  or 
may  not  have  been  received  in  line  of  duty.     There  is  no  class  of 
claims  which  should  be  more  carefully  guarded  than  those  for  injuries 
and  the  evidence  produced  to  show  origin  thereof  in  service  and  line 
of  duty  should  always  be  based  upon  actual  personal  knowledge  of 
the  nature  and  extent  of  the  injury,  as  well  as  the  circumstances 


104  REGULATIONS   GOVERNING   PENSION   BUREAU. 

under  which  such  injury  was  received,  in  order  that  the  bureau  may 
be  able  to  determine  the  question  of  origin  in  the  line  of  duty. 

442.  Act  of  June  27,  1890,  as  amended  by  act  of  May  9,  1900.— Any 
officer,  soldier,  sailor,  or  marine  who  served  90  days  or  more  in  the 
military  or  naval  service  of  the  United  States  during  the  late  War 
of  the  Rebellion,  who  has  been  honorably  discharged  therefrom,  and 
who  is  suffering  from  disability  of  a  permanent  character,  not  the 
result  of  his  own  vicious  habits,  which  incapacitates  him  from  the 
performance  of  manual  labor  in  such  a  degree  as  to  render  him 
unable  to  earn  a  support,  is  entitled  to  a  pension  under  this  act  of 
not  less  than  $6  nor  more  than  $12  per  month. 

443.  The  act  of  May  9,  1900,  amending  the  act  of  June  27,  1890, 
provides  that,  in  determining  inability  to  earn  a  support,  each  and 
every  infirmity  shall  be  considered,  and  the  aggregate  of  the  disabil- 
ties  shown  be  rated.     These  acts  require  an  honorable  discharge  from 
each  and  every  term  of  service  rendered  during  the  War  of  the  Rebel- 
lion.    A  modification  of  this  requirement  has  resulted,  by  reason  of 
the  provisions  of  section  2  of  the  joint  resolution  of  July  1,  1902, 
as  amended  by  the  joint  resolution  of  June  28,   1906.     As  the  law 
now  stands  the  honorable  discharge  of  any  soldier  or  sailor  from 
any  subsequent  contract  of  service  entered  into  by  him  during  the 
late  War  of  the  Rebellion  is  regarded  as  an  honorable  discharge  from 
all  previous  contracts  of  service  previously  entered  into  by  him  with 
the  United  States  during  the  said  war,  if  the  service  under  such  sub- 
sequent contract  was  for  not  less  than  six  months,  and  was  faithful, 
and  if  he  had  not  received  by  reason  of  the  subsequent  service  any 
bounty  or  gratuity,  other  than  from  the  United  States,  in  excess  of 
that  to  which  he  would  have  been  entitled  if  he  had  continued  to 
serve  faithfully  until  honorably  discharged  under  any  contract  of 
service  previously  entered  into  by  him  during  the  War  of  the  Rebel- 
lion.    The  limitation  of  section  4716,   Revised  Statutes,   operated 
against  claimants  under  these  acts  until  July  1,  1902,  the  date  of  the 
passage  of  the  joint  resolution  above  referred  to,  the  first  section 
of  which  removed  the  limitation  as  to  disloyalty,  except  as  to  those 
who  enlisted  in  the  Army  or  Navy  of  the  United  States  after  January 
1,  1865. 

444.  Acts  of  February  6, 1907,  and  March  4,  1907.— By  the  terms  of 
these  acts  any  person  who  served  90  days  or  more  in  the  military  or 
naval  service  of  the  United  States  during  the  late  Civil  War,  and  who 
has  been  honorably  discharged  therefrom,  is  entitled  to  a  pension  at 
the  following  rates,  irrespective  of  rank:  At  62  years  of  age,  $12  per 
month;  70  years  of  age,  $15  per  month;  75  years  or  over,  $20  per 
month.    Pension  commences  from  the  date  of  filing  claim  in  the  Bureau 
of  Pensions,  subsequent  to  February  6,  1907,  after  attaining  the  speci- 
fied age. 


REGULATIONS   GOVERNING    PENSION   BUREAU. 


105 


The  bases  of  title  under  these  acts,  except  as  herein  otherwise  stated, 
are  the  same  as  under  the  act  of  June  27,  1890,  as  amended  by  the 
act  of  May  9,  1900. 

445.  Act  of  May  11,  1912. — By  the  terms  of  this  act  any  person 
who  served  90  days  or  more  in  the  military  or  naval  service  of  the 
United  States  during  the  late  Civil  War,  and  who  has  been  honorably 
discharged  therefrom,  is  entitled  to  a  pension  at  various  rates,  irre- 
spective of  rank,  based  upon  age  and  length  of  service,  as  follows: 


Age. 

90  days. 

6  months. 

1  year. 

li  years. 

2  years. 

2J  years. 

3  years. 

62 

$13 

$13.50 

$14 

$14.  50 

$15 

$15.50 

$16 

66 

15 

15.50 

16 

16.50 

17 

18.00 

19 

70 

18 

19.00 

20 

21.50 

23 

24.00 

25 

75 

21 

22.50 

24 

27.00 

30 

30.00 

30 

446.  If  a  soldier  was  wounded  in  battle  or  in  line  of  duty  and 
received  an  honorable  discharge,  and  is  now  unfit  for  manual  labor 
by  reason  thereof;  or,  from  disease  or  other  causes  incurred  in  line 
of  duty,  resulting  in  his  disability,  is  now  unable  to  perform  manual 
labor,  he  shall  be  paid  the  maximum  pension  under  this  act  without 
regard  to  length  of  service  or  age. 

447.  Pensions  under  act  of  May  11,  1912,  commence  from  the  date 
of  filing  of  the  applications  in  the  Bureau  of  Pensions. 

448.  Act  of  March  4,  1913. — Under  the  terms  of  this  act,  increase 
of  pension  under  the  act  of  May  11,  1912,  on  account  of  advancing 
age  shall  be  made  without  further  application  by  pensioner,  and  shall 
take  effect  and  commence  from  the  date  he  is  shown  to  have  attained 
the  age  provided  by  this  act  as  the  basis  of  rating. 

In  considering  claims  under  this  act,  an  examiner  is  not  prevented 
from  making  such  further  investigation  as  to  date  of  birth  as  is  deemed 
necessary  in  order  to  establish  a  record  upon  which  further  increases 
of  rate  on  account  of  advancing  age  may  be  possible,  the  object  being 
to  advance  automatically  the  rate  of  pension. 

449.  Claims  for   increase   of  invalid  pensions. — A  pensioner  who 
may  deem  himself  entitled  to  an  increase  of  pension  should  file  a 
declaration  setting  forth  the  grounds  upon  which  he  bases  his  claim. 
Upon  the  receipt  of  such  claim,  the  same  shall  be  taken  up  to  deter- 
mine the  propriety  of  ordering  a  medical  examination. 

450.  Claims  for  restoration  and  renewal  of  pension. — In  cases  of 
unclaimed  pensions  (sec.  4719,  R.  S.)  there  must  be  filed  evidence 
specifically  accounting  for  the  failure  to  claim  the  pension,  and,  in 
the  case  of  invalids,  medical  evidence  showing  the  continuance  of 
the  disability  on  account  of  which  pension  was  allowed. 

Application  for  renewal  of  pension  must  be  made  by  a  declaration 
executed  as  in  original  claims,  setting  forth  that  the  cause  for  which 
pension  was  granted  still  continues. 


106  REGULATIONS   GOVERNING   PENSION   BUREAU. 

NAVY   SERVICE    ALLOWANCES. 

451.  Under  sections  4756  and  4757,  Revised  Statutes,  pensions 
for  20  years'   service   and  for  10  years'   service,   respectively,   are 
allowed  by  the  Secretary  of  the  Navy  to  enlisted  men  and  appointed 
petty  officers  who  have  not  been  discharged  for  misconduct.     Pen- 
sion commences  from  the  date  of  filing  the  claim  therefor  in  the 
Navy  Department;  and  for  20  years'  service  amounts  to  one-half 
the  monthly  pay  of  the  applicant's  rating  at  his  discharge;  for  10 
years'  service  the  pension  can  not  exceed  the  rate  for  total  dis- 
ability or  one-fourth  of  the  rate  of  pension  he  is  receiving  for  dis- 
ability, and  is  fixed,  as  is  also  its  duration,  by  the  Navy  Department. 
An  application  for  pension  under  the  sections  referred  to  should  be 
made  to  the  Secretary  of  the  Navy. 

PENSIONS    TO    WIDOWS    SINCE    MARCH   4,    1861. 

452.  Sections  4702  and  4703,  Revised  Statutes. — To  obtain  pen- 
sion under   these   sections  it  must  be  shown   that   the   soldier  or 
sailor  died  of  a  disability  contracted  in  the  service  and  in  the  line 
of  duty.     The  date,  place,  and  cause  of  death  of  the  soldier  or  sailor 
through  whom  the  pension  is  claimed  should  be  shown  by  a  verified 
transcript  of  the  public  record.     When  the  public  record  is  indefinite 
as  to  the  cause  of  death,  and  when  it  is  necessary  to  show  the  patho- 
logical connection  between  the  death  cause  as  shown  in  the  record  and 
the  disability  as  proven  of  service  origin,  the  testimony  of  the  at- 
tending physician  should  be  filed,  giving  a  full  history  of  the  soldier's 
fatal  illness  and  the  mode  and  manner  of  death;  but  when  this  is 
impossible  the  testimony  of  other  persons  who  are  acquainted  with 
the  circumstances  may  be  furnished. 

453.  Proof  of  marriage. — The  marriage  of  the  applicant  to  the  per- 
son on  account  of  whose  service  and  death  the  claim  is  made  should 
be  shown  by  the  best  obtainable  evidence  in  the  following  order — 

(1)  By  a  duly  verified  copy  of  a  public  or  church  record;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  officiated ; 
or 

(3)  By  the  testimony  of  two  or  more  eyewitnesses  to  the  cere- 
mony; or 

(4)  By  the  testimony  of  two  or  more  witnesses  who  know  that  the 
parties  lived  together  as  husband  and  wife  and  were  recognized  as 
such,  and  who  shall  state  how  long,  within  their  knowledge,  such 
cohabitation  continued;  or 

(5)  By  a  duly  verified  copy  of  the  church  record  of  baptism  of  the 
children. 

The  highest  evidence  obtainable  in  the  order  of  preference  above 
stated  shall  be  required.  Inability  to  furnish  the  higher  kind  of 
evidence  must  be  clearly  shown  before  the  next  lower  kind  is 
admissible. 


REGULATIONS  GOVERNING  PENSION  BUREAU.  107 

454.  Section  2,  of  the  act  of  August  7,  1882,  provides: 

That  marriages,  except  such  as  are  mentioned  in  section  4705,  of  the  Revised  Stat- 
utes, shall  be  proven  in  pension  cases  to  be  legal  marriages  according  to  the  law  of  the 
place  where  the  parties  resided  at  the  time  of  marriage  or  at  the  time  when  the  right 
to  pension  accrued. 

455.  Section  4705,  Revised  Statutes,  provides  that  in  the  claims 
of  the  widows  and  children  of  colored  and  Indian  soldiers  and  sailors 
there  need  be  no  other  evidence  of  marriage  than  satisfactory  proof 
that  the  parties  were  joined  in  marriage  by  some  ceremony  deemed 
by  them  obligatory,  or  habitually  recognized  each  other  as  husband 
and  wife,  and  were  so  recognized  by  their  neighbors,  and  lived  together 
as  such  up  to  the  date  of  enlistment,  when  such  soldier  or  sailor  died 
in  the  service,  or,  if  otherwise,  to  the  date  of  his  death.     This  sec- 
tion shall  not  apply  to  claims  on  account  of  persons  who  enlisted 
after  March  3,  1873. 

456.  If  either  applicant  or  soldier  has  been  previously  married,  the 
death  or  divorce  of  all  former  consorts  should  be  proven,  in  the  case 
of  death,  preferably  by  verified  copy  of  the  public  or  church  record 
or  by  the  testimony  of    credible  witnesses;    and    in  the    case    of 
divorce,  by  certified  copy  of  the  decree  of  court.     If  there  was  no 
prior  marriage  on  the  part  of  the  applicant  or  the  soldier,  this  fact 
should  be  shown  by  the  testimony  of  at  least  two  credible  witnesses 
who  have  known  the  applicant  and  the  soldier  from  the  time  they 
became  of  marriageable  age. 

457.  In  the  claim  of  a  widow,  competent  testimony  should  be  pro- 
duced showing  whether  she  and  the  soldier  were  ever  divorced,  and 
whether  they  lived  together  as  husband  and  wife  up  to  the  date  of  the 
soldier's  death.     If  for  any  reason  they  were  not  living  together  at 
the  time  of  his  death,  but  their  separation  was  by  mutual  agreement 
or  otherwise  and  not  by  legal  divorce,  all  the  facts  relating  to  such 
separation  should  be  fully  produced,  in  order  that  her  rights  may  be 
fully  and  clearly  determined. 

458.  Under  the  act  of  March  3,  1899,  a  widow  who  did  not  marry 
the  soldier  prior  to  the  date  of  the  act,  or  prior  to  or  during  his  service, 
has  no  title  to  widow's  pension  unless  it  be  shown  that  she  lived  and 
cohabited  with  him  continuously  from  the  date  of  marriage  to  the 
date  of  his  death,  or,  in  case  of  separation,  that  such  separation  was 
through  no  fault  of  hers.     The  widows  of  Spanish  War  soldiers  are 
excepted  from  the  operation  of  this  act. 

459.  Proof  of  dates  of  ~birih  of  children. — The  dates  of  birth  of  chil- 
dren should  be  proved  by  the  best  obtainable  evidence  in  the  follow- 
ing order — 

(1)  By  a  duly  verified  copy  of  the  public  record  of  births,  or  the 
church  record  of  baptism;  or 


108  REGULATIONS   GOVERNING   PENSION   BUREAU. 

(2)  By  the  affidavit  of  the  physician  who  attended  the  mother;  or 

(3)  By  the  testimony  of  persons  who  were  present  at  the  births, 
who  should  state  how  they  are  now  able  to  fix  the  precise  dates. 

(4)  Where  the  evidence  called  for  in  the  preceding  paragraphs  can 
not  be  obtained,  the  best  obtainable  evidence  should  be  furnished 
in  order  to  enable  the  bureau  to  approximate  the  dates  of  birth. 
It  is  worthy  of  note  that  the  records  of  the  Census  Bureau  not  infre- 
quently afford  information  on  this  point. 

Inability  to  furnish  the  higher  kind  of  evidence  must  be  clearly 
shown  before  the  next  lower  kind  is  admissible. 

If  any  child  of  _the  person  on  whose  account  the  claim  is  made 
died  after  the  date  at  which  the  widow's  pension  would  commence,  the 
date  of  death  must  be  shown. 

460.  Children  born  before  the  marriage  of  their  parents,  if  acknowl- 
edged by  the  father  before  or  after  marriage,  shall  be  deemed  legiti- 
mate. 

461.  The  additional  pension  granted  to  the  widow  on  account  of 
the  minor  children  of  the  soldier  by  a  former  wife  can  be  paid  her 
only  for  such  period  of  her  widowhood  as  she  has  been  or  shall  be 
charged  with  the  maintenance  of  such  children. 

462.  Act  of  June  27,  1890,  as  amended  by  act  of  May  9,  1900  — 
Pensions  under  these  acts  are  granted  to  widows  upon  proof— 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
War  of  the  Rebellion. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Navy  service.     Under  the  act  of  March  13,  1896,  his 
death  may  be  presumed  after  seven  years  unexplained  absence. 

(4)  That  the  widow  is  without  means  of  support  other  than  her 
daily  labor  and  such  actual  net  income  as  is  provided  by  the  act  of 
May  9,  1900. 

(5)  That  she  married  the  soldier  or  sailor  prior  to  Juno  27,  1890. 

463.  Act  of  April  19,  1908. — Pensions  under  this  act  are  granted  to 
widows  upon  proof— 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
Civil  War. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Navy  service.     Under  the  act  of  March  13,  1896,  his 
death  may  be  presumed  after  seven  years  unexplained  absence. 

(4)  That  she  was  married  to  the  soldier  or  sailor  prior  to  June 
27,  1890. 

464.  In  widows'  claims  under  the  act  of  June  27,  1890,  as  amended, 
or  under  the  act  of  April  19,  1908,  the  provisions  of  the  joint  resolu- 


REGULATIONS   GOVERNING   PENSION   BUREAU.  109 

tion  of  July  1,  1902,  and  amendments,  apply  the  same  as  in  invalid 
claims. 

PENSIONS  TO  MINORS  SINCE  MARCH  4,  1881. 

465.  Sections  4702  and  4703,  Revised  Statutes.— To  obtain  title  to 
pension  under  these  sections  it  must  be  shown  that  the  father  of  the 
minor  children  died  of  a  disability  contracted  in  the  service  and  in 
the  line  of  duty;  and,  in  addition,  proof  must  be  furnished  as  follows: 

(1)  The  cause  and  date  of  the  father's  death,  the  marriage  of  the 
parents,  and  the  dates  of  birth  of  the  children  must  be  established  as 
in  widows'  claims.     When,  however,  satisfactory  proof  upon  these 
points  has  been  furnished  in  the  claim  of  the  widow,  it  will  not  again 
be  required  in  the  claim  on  behalf  of  the  minors. 

(2)  If  the  mother  of  the  children  is  dead,  the  date  of  her  death 
must  be  proved.     If  she  remarried,  her  remarriage  must  be  shown  in 
the  same  manner  that  her  marriage  to  the  father  of  the  children  is 
required  to  be  established.     If  the  claim  is  based  on  the  fact  that  the 
widow  has  abandoned  the  care  of  the  children,  or  that  she  is  an  un- 
suitable person,  by  reason  of  immoral  conduct,  to  have  the  custody 
of  them,  and  such  fact  be  duly  certified  under  seal,  by  any  court 
having  probate  jurisdiction,  or  be  shown  by  satisfactory  evidence, 
the  children  are  given  a  pensionable  status  by  section  4706,  Revised 
Statutes,  to  the  exclusion  of  the  widow,  until  they  severally  attain 
the  age  of  16  years,  to  commence  from  the  date  of  last  payment  to 
the  widow,  if  she  be  a  pensioner,  and  if  not,  from  the  date  on  which 
her  pensionable  rights  accrued. 

(3)  If  the  mother  of  the  children  died  before  the  father,  it  must 
be  shown  whether  he  again  married. 

(4)  It  must  be  shown  whether  the  father  left  any  other  pensionable 
child  than  the  minors  for  whose  benefit  the  claim  is  made,  and,  if  so, 
why  such  child  was  not  mentioned  in  the  application.     In  minors' 
claims  pension  can  not  be  allowed  on  account  of  a  child  who  died 
prior  to  the  allowance  of  the  claim. 

466.  Act  of  June  27,  1890,  as  amended  ~by  act  of  May  9,  1900.— 
Minor  children  have  title  under  these  acts  upon  the  death  or  remar- 
riage of  the  widow  of  the  soldier  or  sailor.     Where,  however,  the 
widow  was  not  married  to  the  soldier  or  sailor  prior  to  June  27,  1890, 
and  his  death  cause  did  not  originate  in  the  service  and  in  the  line  of 
duty;  or  where  she  has  forfeited  her  title  to  pension  by  open  and 
notorious  adulterous  cohabitation,  or  has  been  suspended  under  the 
provisions  of  section  4706,  Revised  Statutes,  the  minor  takes  title, 
even  though  the  widow  be  alive  and  unmarried. 

467.  A  minor's  claim  for  pension  may  be  made  and  prosecuted  by 
the  minor  himself  or  by  a  next  friend  or  guardian,  but  if  the  claim  is 
allowed  before  his  majority  the  payment  of  pension  shall  be  made 
only  to  a  duly  appointed  guardian. 


110  REGULATIONS  GOVERNING  PENSION   BUREAU. 

PENSIONS  TO  HELPLESS  CHILDREN. 

468.  The  first  proviso  of  the  third  section  of  the  act  of  June  27, 
1890,  as  amended  by  the  act  of  May  9,  1900,  continues  the  pension  of 
a  minor  child  who  is  insane,  idiotic,  or  otherwise  physically  or  men- 
tally helpless,  after  it  becomes  16  years  of  age,  during  the  life  of 
said  child,  or  during  the  period  of  such  disability.     The  benefits 
of  this  proviso  are  extended  to  all  pensions  granted  before  June  27, 
1890,  or  thereafter  granted,  under  any  statute.     The  pension  al- 
lowed by  the  proviso  commences  from  the  date  of  the  filing  of  the 
application  therefor  in  the  Bureau  of  Pensions.     In  order  to  obtain 
title,  the  helplessness  of  the  child  must  have  originated  prior  to 
attaining  the  age  of  16  years,  and  have  continued  thereafter. 

469.  No  helpless  child  of  the  soldier  over  16  years  of  age  at  the 
date  of  death  of  the  soldier  has  title  to  pension  under  these  acts. 

PENSIONS  TO  DEPENDENT  RELATIVES. 

470.  Section  JflOl ,  Revised  Statutes. — To  obtain  title  to  pension 
under  this  statute,  it  must  be  shown  that  the  soldier  or  sailor  died  of  a 
disability  contracted  hi  the  service  and  in  line  of  duty. 

471.  Dependent  mothers. — In  a  mother's  claim,  her  relationship 
to  the  soldier  or  sailor,  the  date  and  cause  of  the  son's  death,  whether 
he  left  a  widow  or  minor  children  surviving,  and  her  dependence  on 
him  for  support  at  the  time  of  his  death,  must  be  shown. 

472.  In  proof  of  dependence,  it  must  be  shown  that  previous  to  the 
date  of  the  said  son's  decease  her  husband  had  died,  or  that  he  had 
permanently  abandoned  her,  or  that,  on  account  of  disability  from 
injury  or  disease,  he  was  unable  to  support  her. 

473.  If  the  husband  is  dead,  the  date  of  his  death  must  be  proved. 
If  he  abandoned  the  support  of  his  family,  the  date  of  the  abandon- 
ment, and  all  the  facts  of  the  case,  showing  whether  he  ever  returned, 
or  ever   afterwards   contributed   to   the   support   of   the   claimant, 
must  be  fully  set  forth.     If  any  person  who  is  legally  bound  to  con- 
tribute to  the  support  of  the  mother  claimant  neglect  or  fail  to  do  so, 
and  the  State  or  local  laws  afford  a  remedy,  it  should  be  shown 
whether  the  claimant  has  invoked  the  aid  of  such  laws  to  compel 
support.     If  the  father  was  disabled,  the  nature  and  cause  of  the 
disability,  when,  and  to  what  extent,  it  rendered  him  unable  to  sup- 
port the  claimant,  must  be  shown  by  the  testimony  of  his  physician. 
The  extent  of  his  disability  during  the  period  from  the  son's  death 
to  the  present  time  should  also  be  shown. 

474.  The  value  of  the  property  of  the  claimant  and  her  husband, 
the  income  derived  therefrom,  and  the  other  means  of  support  pos- 
sessed by  her  while  she  was  receiving  the  contributions  of  the  son  on 
account  of  whose  service  and  death  pension  is  claimed,  and  from  that 
time  to  the  present,  should  be  shown  by  the  testimony  of  credible 


REGULATIONS   GOVERNING  PENSION   BUREAU.  Ill 

and  disinterested  witnesses,  who  must  state  how  they  know  the  facts. 
The  value  of  property  assessed  for  taxation  may  be  shown  by  the 
testimony  of  the  officer  having  custody  of  the  records  relative  thereto, 
who  should  also  state  the  ratio  of  the  assessed  to  the  actual  or  cash 
value  of  such  property. 

475.  It  must  be  shown  to  what  extent,  for  what  period,  and  in  what 
manner,  her  said  son  contributed  to  her  support,  by  the  testimony 
of  persons  for  whom  the  son  labored,  to  whom  he  paid  rent,  of  whom 
he  purchased  groceries,  fuel,  clothing,  or  other  necessary  articles  for 
the  mother's  use,  or  of  those  who  otherwise  had  a  knowledge  of  the 
contributions  of  the  son,  and  who  must  state  how  they  obtained 
such  knowledge.     Any  letter  from  the  son,  bearing  upon  the  ques- 
tion of  support,  should  be  filed.     If  the  son,  in  any  other  manner 
than  by  actual  contributions,  acknowledged  his  obligation  to  support 
his  mother,  or  was,  by  law,  bound  to  such  support,  the  facts  should 
be  shown. 

476.  Dependent  fathers. — In  a  father's  claim  for  pension  on  account 
of  the  death  of  a  legitimate  son  upon  whom  he  was  dependent  for 
support,  there  must  be  proven — 

(1)  The  cause  of  his  son's  death; 

That  said  son  left  no  widow  or  minor  child  surviving; 

The  cause  and  extent  of  claimant's  disability  during  the  period  in 
which  the  son  contributed  to  his  support,  and  from  that  time  to  the 
present ; 

The  amount  of  his  property,  and  all  other  means  of  support  pos- 
sessed by  him  during  that  period,  and  the  extent  of  his  dependence 
upon  his  son  for  support. 

The  facts  of  the  case,  in  each  respect,  should  be  shown  by  such 
testimony  as  is  required  in  the  claim  of  a  mother. 

(2)  The  date  of  the  claimant's  marriage  to  the  mother  of  the 
soldier  or  sailor,  the  date  of  birth  of  the  son,  and  the  date  of  the 
death  of  said  mother,  must  be  proved. 

In  case  the  mother  applied  for  pension,  reference  should  be  made 
to  her  application,  and  the  number  of  the  same,  or  of  her  certificate, 
should  be  given.  Evidence  upon  any  fact  established  in  a  mother's 
claim  shall  not  again  be  required. 

477.  Minor  brothers  and  sisters. — In  a  claim  on  behalf  of  minor 
brothers  and  sisters  there  must  be  proved — 

The  cause  and  date  of  death  of  the  brother  on  whose  account  the 
claim  is  made ; 

His  celibacy; 

The  dates  of  death  of  the  mother  and  father,  or  death  of  the  father 
and  remarriage  of  the  mother; 

The  dates  of  birth  of  the  claimant  and  other  dependents  upon  the 
brother  for  support. 
76704°— 15 8 


112  REGULATIONS   GOVERNING  PENSION   BUREAU. 

If  the  mother  or  father  applied  for  pension,  the  number  of  his  or 
her  application,  or  of  his  or  her  certificate,  should  be  given. 

Evidence  upon  any  fact  established  in  the  claim  of  the  mother  or 
the  father  will  not  again  be  required. 

In  the  administration  of  the  pension  laws  no  distinction  is  made 
between  brothers  and  sisters  of  the  half  blood  and  those  of  the  whole 
blood. 

478.  A  minor  brother  or  sister's  claim  for  pension  may  be  made 
and  prosecuted  by  the  minor  or  by  next  friend  or  guardian,  but  if  the 
claim  is  allowed  before  his  majority  the  payment  of  pension  shall  be 
made  only  to  a  duly  appointed  guardian. 

479.  Act  of  June  27,  1890  (construed  as  amending  sec.  4707,  E.  S., 
as  to  dependent  parents). — The  same  evidence  is  required  hi  claims 
under  this  act  as  under  section  4707,  Revised  Statutes,  in  its  original 
form,  except  as  to  contributions  by  the  soldier  or  sailor,  and  as  to 
date  of  dependence,  which  is  changed  from  the  date  of  the  soldier's 
or  sailor's  death  to  the  date  of  the  filing  of  the  application  for  pension 
under  this  law. 

480.  The  rate  of  pension  under  section  4707,  Revised  Statutes,  in 
its  original  form,  and  under  section  1  of  the  act  of  June  27,  1890,  is 
governed  by  the  rank  of  the  soldier  or  sailor  on  account  of  whose 
service  and  death  pension  may  be  claimed. 

481.  If  the  claim  is  prosecuted  under  section  4707,  Revised  Stat- 
utes, the  attorney's  fee  may  be  $25 ;  if  prosecuted  under  section  1  of 
the  act  of  June  27,  1890,  the  fee  is  $10. 

CLAIMS  FOR  RESTORATION  AND  RENEWAL. 

482.  Application  for  restoration  of  pension  (sec.  4719,  R.  S.)  must 
be  submitted  by  a  declaration  executed  as  in  an  original  claim,  set- 
ting forth  fully  the  reasons  for  failure  to  draw  pension,  accompanied 
by  evidence  satisfactorily  accounting  for  such  failure. 

483.  The  act  of  March  3,  1901,  amending  section  4708,  Revised 
Statutes,  provides  for  renewal  of  pension  to  certain  remarried  widows 
on  renewed  widowhood.     The  applicant  under  these  acts  must  show 
that  she  was  the  wife  of  the  officer,  soldier,  or  sailor  during  the 
period  of  his  service  in  a  war;  that  she  was  pensioned  as  his  widow 
by  reason  of  his  death  being  due  to  disability  of  service  origin  in 
such  war ;  that  her  name  was  dropped  from  the  roll  by  reason  of  her 
remarriage  to  another  person  who  has  since  died,  or  from  whom  she 
has  been  divorced  upon  her  application,  and  without  fault  on  her 
part;  and  that  she  is  without  means  of  support  other  than  her  daily 
labor  and  a  net  income  not  exceeding  $250  per  annum.     The  fact 
that  the  widow  was  originally  barred  from  pension  by  the  terms  of 
the  act  of  March  3,   1865,  by  reason  of  her  remarriage,  does  not 
deprive  her  of  title  to  pension  under  the  amendatory  act  of  February 
28,  1903, 


REGULATIONS   GOVERNING   PENSION   BUREAU.  113 

PENSIONS  TO  ARMY  NURSES. 

484.  Act  of  August  5,  1892. — By  this  act  all  women  employed  by 
the  Surgeon  General  of  the  Army  as  nurses  during  the  late  War  of 
the  Rebellion,  for  a  period  of  six  months  or  more,  and  who  were 
honorably  relieved  from  such  service,  are  entitled  to  a  pension,  pro- 
vided they  are  unable  to  earn  a  support. 

DROPPING,  RECOVERY,  SUSPENSION,  AND  RECOUPMENT. 

485.  Under  the  provisions  of  the  act  of  December  21,  1893,  any 
pension  heretofore  or  that  may  be  hereafter  granted  to  any  applicant 
under  any  law  of  the  United  States,  shall  be  deemed  to  be  a  vested 
right  in  the  grantee  to  that  extent  that  payment  thereof  shall  not  be 
withheld  or  suspended  until,  after  due  notice  to  the  grantee  of  not 
less  than  30  days,  the  commissioner,  after  hearing  all  the  evidence, 
shall  decide  to  annul,  vacate,  modify,  and  set  aside  the  decision  upon 
which  such  pension  was  granted. 

486.  Such  notice  to  grantee  must  contain  a  full  and  true  statement 
of  any  charges  or  allegations  upon  which  such  decision  granting  such 
pension  shall  be  sought  to  be  in  any  manner  disturbed  or  modified. 

487.  All  cases  in  which  these  questions  arise  are  to  be  determined 
by  the  Board  of  Review  or  by  the  medical  referee,  as  the  case  may  be, 
and  where  dropping,  reduction,  or  recoupment  is  proposed,  the  evi- 
dence furnished  tending  to  show  absence  of  title  or  that  the  rate  of 
pension  now  pending  is  excessive  should  be  brought  to  the  personal 
attention  of  the  commissioner. 

488.  Pension  paid  in  consequence  of  fraud  on  the  part  of  the  pen- 
sioner or  of  a  mistake  of  fact  in  the  adjudication  of  the  claim  may 
be  recovered  by  withholding  accruing  pension. 

CLAIMS  FOR  SHARE  OF  PENSION  PAID  TO  INMATES  OF  THE  GOVERNMENT  HOSPITAL 

FOR  THE  INSANE. 

489.  Act  of  February  2, 1909. — By  the  terms  of  this  act,  the  pension 
accruing  to  an  inmate  of  the  Government  Hospital  for  the  Insane 
must  be  paid  to  the  superintendent  or  disbursing  agent  of  such  hos- 
pital, and  the  money  so  paid  shall  be  disbursed  and  used,  under  the 
regulations  prescribed  by  the  Secretary  of  the  Interior,  for  the  benefit 
of  the  pensioner,  and  in  the  case  of  a  male  pensioner,  his  wife,  minor 
children,  and  dependent  parents,  or,  if  a  female  pensioner,  her  minor 
children,  if  any,  in  the  order  named.     All  questions  affecting  the 
right  of  a  claimant  to  a  share  of  the  pension  of  an  inmate  of  the 
hospital  are  determined  upon  evidence  submitted  to  the  Commissioner 
of  Pensions,  in  accordance  with  the  practice  obtaining  in  such  cases. 
The  findings  of  the  Commissioner  of  Pensions  upon  the  evidence  are 
submitted  to  the  Secretary  of  the  Interior  for  approval,  and,  upon 
the  latter 's  direction,  the   disbursing  officers  of  said  hospital  shall 


114  REGULATIONS  GOVERNING  PENSION   BUREAU. 

make  proper  distribution  of  the  pension  money  to  the  dependents 
enumerated  in  said  act. 

490.  Applications  to  the  Commissioner  of  Pensions  for  allotment 
of  a  share  of  the  pension  in  cases  under  the  act  of  February  2,  1909, 
should  be  made  under  oath,  and  the  applicant  should  state  the  rela- 
tionship to  the  insane  person,  the  certificate  number  of  such  person, 
if  known,  the  aggregate  value  of  all  property  owned  by  the  applicant, 
as  well  as  the  sources  of  income  and  means  of  support  of  said  appli- 
cant.    All  allegations  should  be  sustained  by  the  testimony  of  persons 
competent  to  testify  from  personal  knowledge  of  the  facts,  and  the 
witnesses  should  state  their  ages,  means  of  knowledge  of  the  facts 
to  which  they  testify,  and  their  post-office  addresses,  giving  the  street 
and  number,  or  rural  free-delivery  route,  if  any.     In  case  the  appli- 
cation is  made  by  the  wife,  she  should  furnish  evidence  of  marriage 
in  the  manner  and  order  provided  for  in  sec.  453.     If  either  applicant 
or  pensioner  had  been  previously  married,  the  -death  or  divorce  of 
the  former  consort  should  be  proved;  in  case  of  death,  preferably 
by  verified  copy  of  the  public  or  church  record,  or  by  the  testimony 
of  credible  witnesses ;  and,  in  case  of  divorce,  by  a  certified  copy  of 
the  decree  of  the  court.     If  there  was  no  prior  marriage  on  the  part 
of  the  applicant  or  the  pensioner,  this  fact  should  be  shown  by  the 
testimony  of  at  least  two  credible  witnesses  who  have  known  the 
applicant  and  the  pensioner  from  the  time  they  became  of  marriage- 
able age. 

491.  In  the  cases  of  minor  children  or  dependent  parents,  the  rela- 
tionship of  the  applicants  to  the  pensioner  must  be  satisfactorily 
shown. 

492.  The  application  and  the  evidence  necessary  to  establish  the 
claim  should  be  filed  at  the  same  time. 

CLAIMS  FOR  PAYMENT  OF  PENSION  TO  WIVES  OF  INSANE  PENSIONERS,  OR  TO  WIVES 
OF  PENSIONERS  UNDERGOING  SENTENCE  OF  IMPRISONMENT. 

493.  Act  of  August  8,  1882. — Where  an  insane  invalid  pensioner 
has  no  guardian,  and  has  a  wife  or  children  dependent  upon  him,  the 
wife  being  a  woman  of  good  character,  the  Commissioner  of  Pensions 
is  authorized,  in  his  discretion,  to  cause  the  pension  to  be  paid  to  the 
wife,  upon  her  properly  executed  voucher,  or,  if  there  is  no  wife,  to 
the  guardian  of  the  children,  upon  his  properly  executed  voucher, 
and,  in  like  manner,  to  make  payment  of  the  pension  due  invalid 
pensioners  who  are  imprisoned  for  offenses  against  the  law,  to  their 
wives,  or  the  guardians  of  their  children. 

Under  this  statute  evidence  showing  the  pensioner's  insanity  or 
imprisonment,  and,  in  the  case  of  a  wife,  her  good  character,  as  well 
as  the  proof  required  in  claims  under  the  act  of  February  2,  1909, 
above,  must  be  furnished. 


REGULATIONS   GOVERNING   PENSION   BUREAU.  115 

ACCRUED  AND  REIMBURSEMENT  CLAIMS. 

494.  Act  of  March  2,  1895. — An  accrued  pension  is  payable,  under 
the  terms  of  this  act,  whether  the  certificate  issues  prior  or  subsequent 
to  the  death  of  the  soldier  entitled  to  the  pension,  first,  to  his  widow, 
second,  if  there  is  no  widow,  to  his  child  or  children  under  16  years  of 
age,  third,  in  case  of  a  widow,  to  her  minor  children  by  the  soldier 
who  were  under  16  years  of  age  at  the  date  of  her  death.     No  other 
person  is  entitled  to  receive  the  accrued  pension,  as  a  matter  of 
right,  nor  is  it  considered  a  part  of  the  assets  of  the  estate  of  the 
deceased  pensioner.     It  is  not  liable  for  the  debts  of  the  estate,  in 
any  case  whatsoever,  but  inures  to  the  sole  and  exclusive  benefit  of 
the  widow  or  children.     The  proof  necessary  to  establish  a  claim  for 
accrued  pension  is  identical  with  that  required  to  establish  the  claim 
of  a  widow  or  minor  child  to  original  pension,  in  so  far  as  the  relation- 
ship of  the  claimant  for  the  accrued  pension  to  the  pensioner  is 
concerned. 

495.  A  claim  for  reimbursement  may  be  made  by  the  person  who 
bore  the  expenses  of  the  last  sickness  and  burial  of  any  pensioner  who 
died,  leaving  no  widow,  or  child  under  16  years  of  age,  surviving, 
provided  the  pensioner  did  not  leave  sufficient  assets  to  meet  such 
expenses.     An  application  for  reimbursement  should  be  accompanied 
by  the  following  evidence: 

Bills  of  all  expenses  of  last  sickness  and  burial. — If  paid  by  the 
claimant  for  reimbusement  the  bills  must  be  properly  receipted 
to  said  claimant.  If  unpaid,  the  parties  to  whom  said  bills  are  due 
should  note  on  each  bill,  over  their  signatures,  that  they  hold  the 
claimant  responsible  for  the  payment.  If  the  bill  be  for  medical 
treatment  it  must  show  the  dates  of  visits  or  treatment  and  the  charge 
for  each.  A  bill  for  nursing  and  care  must  show  the  dates  between 
which  the  services  were  rendered,  and  the  rate  per  day  or  week.  The 
bill  of  the  undertaker  must  be  itemized,  and  show  the  date  on  which 
the  services  were  rendered. 

Each  bill  must  show  that  the  service  was  rendered  for  the  pensioner 
on  account  of  whom  reimbursement  is  claimed. 

All  claims  should  be  presented  in  the  name  of  one  person. 

Bills  which  are  forwarded  become  a  part  of  the  records  of  the 
Bureau  of  Pensions,  and  can  not  be  returned.  Claimants  should 
therefore  secure  duplicates  of  such  bills  if  needed  by  them. 

If  the  pension  certificate  which  was  issued  in  the  name  of  the 
pensioner  is  not  in  possession  of  the  claimant  a  statement  showing  its 
whereabouts  or  final  disposition  should  be  made. 

496.  In  claims  for  accrued  pension  or  for  reimbursement  under  the 
act  of  March  2,  1895,  a  formal  declaration  is  not  necessary.     All  that 
is  required  in  these  cases  is  that  the  applicant  shall  be  properly 


116  REGULATIONS   GOVERNING   PENSION   BUREAU. 

identified  by  the  evidence  as  the  person  entitled  to  the  accrued  pension 
or  reimbursement.     (See  section  156.) 

497.  The  mailing  of  a  pension  check  in  payment  of  pension  due, 
issued  on  voucher,  constitutes  payment  in  the  event  of  the  death  of 
the  pensioner  subsequent  to  the  execution  of  the  voucher  therefor. 

498.  a.  In  nonvoucher  cases  the  proper  delivery  of  a  pension  check 
during  the  lifetime  of  the  pensioner  constitutes  payment  in  the  event 
of  the  death  of  the  pensioner  prior  to  indorsement  thereof.     In  such 
cases  the  checks  become  a  part  of  the  assets  of  the  estate  of  the 
deceased  pensioner. 

6.  All  inquiries  relative  to  the  payment  of  such  checks  should  be 
addressed  to  the  Auditor  for  the  Interior  Department,  Treasury 
Department. 

WITNESSES  AND  TESTIMONY. 

499.  A  declaration  executed  before  an  officer  who  is  claimant's 
attorney  is  accepted  by  the  Bureau  of  Pensions  as  good  and  valid, 
but  under  the  practice  such  magisterial  act  vacates  any  rights  which 
may  be  conferred  on  him  in  the  power  of  attorney  therein  embodied. 

500.  Evidence  executed  before  an  officer  who  is  claimant's  attorney 
or  before  any  person  who  has  a  manifest  interest  therein  shall  not  be 
considered.     It  is  held  by  the  Secretary  of  the  Interior,  however, 
that  evidence  so  executed,  wherein  the  certificate  of  such  officer 
contains  a  clause  setting  forth  that  "he  is  in  nowise  interested  in  the 
claim  nor  concerned  in  its  prosecution"  is  good  and  valid,  but  the 
rights  such  officer  may  have  had  as  attorney  in  the  case  are  thereby 
abandoned.     All    certificates    of    executing    officers    should    certify 
that  they  have  no  interest  in  the  claim. 

501.  Every  fact  required  to  be  proved  should  be  shown  by  the  best 
evidence  obtainable.     Every  witness  should  state  whether  he  has  any 
interest,  direct  or  indirect,  in  the  prosecution  of  the  claim  in  which  he 
may  testify;  whether  he  is  related  to  the  claimant,  and  if  so,  how; 
and  should  give  his  post-office  address,  with  street  and  number,  or 
rural  free-delivery  route,  if  any. 

502.  Witnesses  should  not  merely  confirm  the  statements  of  other 
parties,  but  should  give  a  detailed  statement  of  the  facts  known  to 
them  in  regard  to  the  matter  concerning  which  they  testify,  and  should 
state  how  they  obtained  a  knowledge  of  such  facts.     The  officer 
taking  the  deposition  or  affidavit  should  certify  hi  his  own  hand- 
writing as  to  his  knowledge  of  the  credibility  of  the  witnesses.     If 
they  sign  by  mark,  the  signature  must  be  attested  by  two  witnesses 
who  write,  and  the  officer  must  certify  that  the  contents  of  their 
depositions  or  affidavits  were  read  to  them  before  he  administered 
the  oath. 

503.  Affidavits  should  be  free  from  interlineations  and  erasures. 
When  an  alteration  is  made  in  an  affidavit,  or  an  addition  is  made 


REGULATIONS   GOVERNING  PENSION   BUREAU.  117 

thereto,  it  must  appear  by  the  certificate  of  the  officer  who  admin- 
istered the  oath  that  such  alteration  or  addition  was  made  with  the 
knowledge  and  sworn  consent  of  the  affiant. 

504.  In   all   affidavits  from  surgeons   or  physicians   the  portion 
detailing  the  nature  of  the  disability,  dates  of  treatment,  and  date 
of  death,  symptoms  and  opinions  as  to  connection  between  diseases 
or  injury  and  disease  should  be  in  the  handwriting  of  the  party  by 
whom  it  is  signed.     The  testimony  of  any  person  testifying  as  an 
expert  should  be  prepared  by  some  one  professionally  competent 
to  do  so. 

505.  The  official  certificates  of  judicial  officers  using  a  seal  or  of 
commissioned  officers  of  the  Army  or  Navy  in  actual  service  shall  be 
accepted  without  being  sworn  to,  but  all  other  witnesses  must  testify 
under  oath. 

COPIES  OF  RECORDS  AND  PAPERS. 

506.  a.  Act  of  August  24,  1912. — Copies  of  the  bureau  records  may, 
when  not  deemed  prejudicial  to  the  interests  of  the  Government,  .be 
furnished  at  the  rate  of  15  cents  for  each  100  words  copied,  or  15 
cents  for  each  sheet  photographed,  with  25  cents  additional  for  each 
certificate  of  verification  and  the  seal  of  the  bureau  attached  to 
authenticated  copies.     Authenticated  copies  are  to  be  admitted  in 
evidence  equally  with  the  originals  thereof. 

Z>.  The  papers,  copies  of  which  are  desired,  should  be  clearly  speci- 
fied, and  the  name  of  the  soldier  upon  whose  service  the  claim  was 
based,  the  designation  of  the  organization  in  which  he  served,  and, 
if  possible,  the  number  of  the  claim  or  the  certificate  should  be  stated, 
in  order  that  the  case  may  be  identified  and  unnecessary  delay 
avoided;  and  the  purpose  for  which  such  copies  are  desired  should 
be  definitely  stated. 

507.  Act  of  May  11,  1912. — Section  5,  as  amended  March  4,  1913, 
provides  that  a  record  be  kept  of  Civil  and  Mexican  War  pensioners 
under  said  acts,  showing  the  name,  length  of  service,  and  age  of  each 
pensioner,  the  monthly  rate  of  pension  paid  to  him  and  the  county 
and  State  of  his  residence,  and  that  certified  copies  thereof  be  furn- 
ished upon  demand  and  payment  of  such  fee  therefore  as  is  provided 
by  act  of  August  24,  1912. 

508.  Post-office  addresses  are  charged  for  at  the  rate  of  15  cents 
each,  but  may  be  furnished  free  where  requested  by  a  claimant  for 
pension  in  securing  evidence  in  the  prosecution  of  his  claim. 

MISCELLANEOUS. 

509.  Applications  for  certificate  of  service  in  lieu  of  lost  discharge 
should  be  filed  with  the  Adjutant  General,  United  States  Army,  War 
Department,  in  Army  cases,  and  with  the  Chief  of  the  Bureau  of 
Navigation,  Navy  Department,  in  Navy  cases. 


118  REGULATIONS   GOVERNING  PENSION  BUREAU. 

510.  Applications  for  back  pay,  extra  pay,  or  bounty  money  for 
military  service  should  be  filed  with  the  Auditor  for  the  War  Depart- 
ment; for  bounty,  extra  pay,  or  prize  money  for  naval  service,  with 
the  Auditor  for  the  Navy  Department. 

511.  Applications   for    artificial   limbs    or   mechanical    appliances 
should  be  filed  with  the  Surgeon  General,  United  States  Army,  War 
Department. 

512.  Applications  for  headstones  for  graves  of  deceased  soldiers 
should  be  filed  with  the  Chief,  Quartermaster's  Corps,  United  States 
Army,  War  Department. 

513.  TABLE  OF  ATTORNEY  FEES  ALLOWED  BY  LAW. 

In  original  claims  allowed  under  all  general  laws  (except  such  acts  as  do  not 
provide  for  payment  of  a  fee),  (sec.  4,  act  July  4,  1884)  a  fee — 

On  properly  executed  articles  of  agreement,  any  amount  contracted 

for,  not  exceeding $25.  00 

Without  articles  of  agreement 10.  00 

Act  June  27,  1890  (sec.  4  of  said  act) 10.  00 

Act  Apr.  19,  1908  (sec.  2  of  said  act) 10. 00 

Act  May  11,  1912,  on  original  allowance  only  and  only  in  cases  where  such 
allowance  is  made  to  a  person  who  was  not  a  pensioner  under  any  law  at 
passage  of  the  act,  and  had  never  received  a  pension  prior  to  that  date. 
On  properly  executed  articles  of  agreement,  any  amount  contracted  for, 

not  exceeding 25. 00 

Without  articles  of  agreement 10.  00 

Supplemental  claims  allowing  pension — 

For  child  by  former  marriage,  if  filed  by  new  attorney 10.  00 

For  helpless  child — 

If  named  in  original  application,  but  new  attorney  presents  claim. .       10. 00 
If  not  so  named,  whether  supplemental  claim  be  filed  by  new  or 

original  attorney 10.  00 

For  posthumous  child,   born  after  filing  claim,  unless  expressly 

exempted  by  mutual  agreement  between  claimant  and  attorney. .       10.  00 
Rerating  or  reissue  to  correct  rate  or  date  of  commencement,  if  filed  by  new 

attorney  (11  P.  D.,  202) 10.00 

Reduction  in  rate  of  pension,  for  services  rendered  in  preventing  (Secretary's 

decision,  Dec.  27,  1900,  case  of  Charles  Hebel,  certificate  No.  113168) 10. 00 

Dropping  pensioner's  name  from  roll,  for  services  rendered  in  preventing 

(9  P.  D.,  236) 10. 00 

Renewal,  restoration,  removal  of  suspension,  etc.,  "cases  of  difficulty  and 
trouble"  (sec.  4,  act  July  4,  1884),  commissioner  may  recognize  articles  of 

agreement  for  not  exceeding  (8  P.  D.,  182) 25. 00 

Restoration — 

Dropped  for  loss  of  title  on  testimony  taken  by  a  special  examiner  show- 
ing that  the  disability  or  cause  of  death  on  account  of  which  pension 
was  allowed  did  not  originate  in  line  of  duty,  and  in  cases  of  dependent 
relatives  whose  names  were  dropped,  on  like  testimony,  upon  the 
ground  of  nondependence  (act  July  4,  1884),  in  claims  under  all  gen- 
eral laws  (except  act  June  27,  1890,  act  Apr.  19,  1908,  and  such  acts  as 
do  not  provide  for  payment  of  a  fee) — 
On  properly  executed  articles  of  agreement,  any  amount  contracted 

for,  not  exceeding 25.  00 

Without  articles  of  agreement 10.00 


REGULATIONS   GOVERNING  PENSION   BUREAU.  119 

Restoration — Continued . 

Under  act  June  27,  1890 $10.00 

Under  act  Apr.  19,  1908 10. 00 

Where  dropped  under  sec.  4719,  R.  S.  (4  P.  D.,  405) 10.00 

Increase  claims — 

Mexican  War,  Jan.  5,  1893,  and  amendatory  acts,  in  which  fee  was  not 

paid  prior  to  Sept.  20,  1902  (12  P.  D.,  505) 10. 00 

In  cases  where  increase  is  granted  because  of  increase  of  the  disability 
for  which  pension  was  originally  allowed  (act  Mar.  3,  1891) 2. 00 

514.  Not  payable  on  order  of  Commissioner  of  Pensions,  but  a  matter 
of  contract  between  claimant  and  attorney,  subjecting  the  latter  to 
disciplinary   proceedings   in  the   event   of   extortion   or   unreason- 
ableness. 

Accrued  pensions,  act  Mar.  2,  1895,  due  deceased  pensioners  (rule  26,  prac- 
tice): Attorney  may  collect  10  per  cent  of  accrued  pension  paid,  but  fee 
must  not  exceed $10. 00 

Divided  pensions,  act  Mar.  3,  1899  (10  P.  D.,  403):  Attorney  may  collect  rea- 
sonable fee,  and  in  absence  of  abuse  or  misconduct  on  his  part  justifying 
disbarment,  Commissioner  of  Pensions  has  no  authority. 

515.  Cases  wherein  fees  are  denied. 

By  law: 

Act  July  4,  1884,  arrears  of  pension  allowed  by  Congress  subsequent  to 
original  grant -s No  fee. 

Act  Mar.  19,  1886,  increasing  rates  of  pension  to  certain  widows No  fee. 

Act  Aug.  5,  1892,  granting  pensions  to  Army  nurses No  fee. 

Act  Mar.  3,  1901,  and  act  Feb.  28,  1903,  amending  sec.  4708  R.  S.,  giving 

pensionable  status  to  certain  remarried  widows No  fee. 

Act  Feb.  6,  1907,  granting  pensions  to  certain  survivors  of  the  Mexican 
and  Civil  Wars No  fee. 

Act  May  28,  1908,  for  services  in  introducing  or  securing  the  passage  of  a 
private  act  of  Congress  granting  a.  pension No  fee. 

Act  May  11,  1912,  if  a  pensioner  at  date  of  the  passage  of  the  act,  or  had 

been  a  pensioner  prior  to  its  approval No  fee. 

By  departmental  construction  or  regulations: 

Increase  of  pension  by  operation  of  law No  fee. 

Claim  filed  by  State  agent  or  commissioner  (7  P.  D.,  293) No  fee. 

Wherein  power  of  attorney  only  is  filed  (4  P.  D.,  356;  7  P.  D.,  517) No  fee. 

Wherein  no  service  is  rendered  (7  P.  D.,  517) No  fee. 

Wherein  attorney  transmits  only  order  for  medical  examination  or  rea- 
sons for  claimant's  failure  to  appear  for  such  examination  (9  P.  D.,  375), 
unless  in  response  to  bureau  call .* No  fee. 

Where  guardian,  as  attorney,  prosecutes  claim  of  his  ward,  or  firm  of 
attorneys  of  which  guardian  is  a  member,  prosecutes  such  claim  (rule 
15,  practice) No  fee. 

Where  no  fund  accrues  by  reason  of  allowance  out  of  which  fee  could  be 
paid  (8  P.  D.,  139;  11  P.  D.,  149) No  fee. 

Reissue  to  include  new  disability,  if  no  increase  (8  P.  D.,  139) No  fee. 

Rerating  or  reissue  to  correct  rate  or  date  of  commencement,  if  same  attor- 
ney as  in  original  claim  (7  P.  D.,  359;  13  P.  D.,  75) No  fee. 

Securing  new  or  duplicate  pension  certificate  (8  P.  D.,  261) No  fee. 

Supplemental  claims  allowing  pension — 

For  child  by  former  marriage  if  claim  be  filed  by  original  attorney 

(7  P.  D.,  47;  16  P.  D.,  546) No  fee. 

For  helpless  child  if  child  named  as  helpless  in  original  declaration, 
.to  original  attorney  (9  P.  D.,  117) .No  fee. 


120  REGULATIONS   GOVERNING   PENSION   BUREAU. 

516.  Postage. 

By  order  of  May  26,  1891,  attorneys  may  receive,  from  and  after  Apr.  22,  1891, 
for  postage  in  any  one  claim $0.  50 


The  foregoing  orders,  instructions,  and  regulations,  comprised  in 
516  sections,  are  prescribed  for  the  government  of  the  Pension  Bureau 
and  others  having  relations  therewith. 

GAYLORD  M.  SALTZGABER, 

Commissioner  of  Pensions. 

DEPARTMENT  OF  THE  INTERIOR. 
Approved  April  5,  1915. 

Bo  SWEENEY, 

Assistant  Secretary. 


INDEX. 


A. 

Section. 

Abandoned  claims,  practice  in 236,  237 

Abandoned  files,  duties  of 21 

Abandonment: 

Minors  by  widow 465  2 

Mother  by  father. 472 

Abbreviations,  prohibited  in  official  correspondence 300 

Absence : 

Deductions  from  leave,  account  of 22 

Leaves  of,  laws  and  rules  governing 415 

Or  presence  of  comrades,  verification  of 231 

Without  leave,  deductions  account  of 72 

Acceptance: 

Statement  "no  other  service  "  in  declaration,  as  prima  facie 147 

Widow's  declaration,  act  of  June  27,  1890,  as  act  of  April  19,  1908 60c 

Accrued  pension: 

Briefing  of  claim  for 203 

Certificate,  presence  or  absence  to  be  noted  on  face  brief 159 

Declaration,  formal  not  necessary 156,  496 

Fee  in 378 

Joint  resolution  of  July  1,  1902,  not  applicable 104 

Payment  not  to  be  made  if  overpayment 154 

Payment  of,  act  of  March  2,  1895 494 

Reimbursement 1G2,  495,  496 

Act  of  March  3,  1865:  Remarried  widows 483 

Act  of  March  9,  1878:  War  of  1812,  service  pensions 420 

Act  of  March  3,  1885 :  Prior  soundness,  presumption  of 440 

Act  of  January  29,  1887:  Mexican  War  service  pensions,  provisions  of 424 

Act  of  August  7,  1882:  Evidence  as  to  marriage 454 

Act  of  August  8,  1882: 

Law  Division  in  charge  matters  under 11 

Payment  in  case  of  imprisoned  or  insane  invalid  pensioner  to  wife 493 

Act  of  March  19,  1886:  Increase  thereunder  to  be  noted  on  reissue  certificates.  274 
Act  of  June  27,  1890: 

Provisions  of,  as  to  soldiers 442,  443 

Dependent  parents- 
Present  dependence  only  required 479 

Under  section  4707,  Revised  Statutes,  as  amended  by 479 

Helpless  children  under 468 

Joint  resolution  of  July  1,  1902,  applicable  to  widows  under 464 

Marriage  of  widows  prior  to 462 

Minors,  title  thereunder 466 

Widow's  declaration  under,  accepted  as  act  of  April  19,  1908 60c 

Widows,  title  under 462 

121 


122  INDEX. 

Section. 

Act  of  July  27,  1892:  Indian  wars,  provisions  of 421-423 

Act  of  August  5,  1892:  Army  nurses 484 

Act  of  January  5,  1893 :  Mexican  War,  pensions  under 424 

Act  of  December  21,  1893: 

Accrued  pension,  not  applicable  in  claims  for,  if  fraud  or  mistake 154 

Dropping  thereunder , 485 

Act  of  July  18,  1894:  Inspection  examining  surgeons'  reports 285 

Act  of  March  2,  1895: 

Benefits  to  be  noted  on  brief,  when  given 64i,  64j 

Fee  in  accrued  claims  under 378 

Increase  thereunder  to  be  noted  on  reissue  certificates 274 

Joint  resolution  of  July  1,  1902,  not  applicable  to  claims  thereunder 104 

Payment  of  accrued  pension 494 

Payment  of,  as  reimbursement 55c 

Reimbursement,  deduction  amounts  received  from  various  States  and  Dis- 
trict of  Columbia 157 

Act  of  March  3,  1895:  Prior  soundness  presumed 440 

Act  of  March  13,  1896:  Presumption  of  death  thereunder 463 

Act  of  March  30,  1898:  Destruction  of  battleship  Maine 134 

Act  of  March  3,  1899: 

Appeals  under 252-256 

Claims  under 105-129 

Marriage  subsequent  to  date  of  act - 458 

Settlements  under,  by  Law  Division 11 

Act  of  April  23,  1900:  War  with  Mexico,  pensions  under 424 

Act  of  May  9,  1900: 

Minors,  title  thereunder 466 

Provisions  of 442,  443 

Provisions  of  as  to  widows 462 

Act  of  ivtarch  3,  1901: 

Renewal  of  pension,  remarried  widows 483 

Section  4715,  Revised  Statutes,  applies  to  claims  under 67a 

Act  of  June  27,  1902:  Indian  wars,  provisions  of 422 

Act  of  February  28,  1903:  Remarried  widows 483 

Act  of  March  3,  1903:  Mexican  War  survivors 424 

Act  of  February  20,  1905:  Law  Division  in  charge  matters  under 11 

Act  of  February  6,  1907: 

Amended  by  act  of  March  4,  1907:  Service  pensions,  Civil  War 444 

Claims  under 68-99 

Claims  under,  how  classed  and  reported 68a 

Provisions  of,  service  in  Civil  War 444 

Rates  under,  survivors  War  with  Mexico 425 

Act  of  April  19,  1908: 

Date  of  marriage  of  widows 462 

Joint  resolution  of  July  1,  1902,  applicable  to  widows'  claims  under 464 

Proof  in  widows'  claims  thereunder 463 

Widow's  declaration  under  act  of  June  27,  1890,  accepted  under 60c 

Act  of  May  30,  1908: 

Claims  under 13, 130 

Indian  wars,  provisions  of 423 

Act  of  February  2,  1909: 

Law  Division  in  charge  matters  under 11 

Pensions  of  inmates  Government  Hospital  for  the  Insane 489—492 


INDEX.  123 

Act  of  May  11,  1912:  Section. 

Absence  without  leave,  deductions  account  of 

Adjudication  prior  to  act  of  March  4,  1913,  not  to  be  disturbed 83 

Age- 
All  facts  to  be  considered  in  determining 71 

Declaration  not  required  except  in  original  claim 81 

Future  increase  on  account  of 80 

Application  of  section  4701,  Revised  Statutes 77 

Automatic  increase 448 

Benefit  disability  clause  not  given  unless  specifically  mentioned 69 

Birth,  year  being  shown  by  papers  on  file,  same  to  be  accepted  without 

calling  for  further  proof  as  to  year 91a 

Certified  copies  of  names,  length  of  service,  and  age 507 

Claims  under 68-99 

How  classed  and  reported 68a 

Commencement  increase  for  disability,  date  filing  declaration 86 

Date  of  birth- 
Approximate  date  may  be  fixed 84 

To  be  accepted  on  allegation,  if  75  years  of  age 85 

To  be  noted  on  face  brief  and  in  letter  of  rejection,  in  certain  cases. . .  88 
Year  being  established,  claimant's  affidavit  as  to  day  and  month  may 

be  accepted 91b 

Date  of  commencement 447 

Disability — 

Further  consideration  of,  if  purpose  claimed 70 

Incurred  in  service '. 446 

Medical  evidence  required 96 

Medical  examination  in 95,  98 

Reopening  rejected  claims 99 

Drafted  men,  commencement  of  pensionable  service 79 

Election,  pensioner  receiving  same  rate  under  another  law 93 

Furlough,  time  not  deducted  if  returned  from 72 

Increase — 

Commencement  of 82 

Considered  if  beneficial  age  reached  within  3  months 90a 

Considered  upon  receipt  information  any  source  that  pensioner  reached 

beneficial  age 94 

Considered  upon  request  from  pensioner 89a 

If  not  entitled  within  3  months,  memorandum  to  be  kept 90b 

Medical  examination,  orders  not  to  issue  in  certain  cases 97 

Pensioner's  age,  rejection  on  account  of,  pensioner  to  be  advised  as  to 

his  future  rights 91c 

Provisions  of 445 

Rate,  War  with  Mexico 426 

Rates,  Civil  War 445 

Rejection — 

Form  of  letter  when  applicant  not  reached  beneficial  age 92 

If  applicant  pensioned  greater  rate  under  other  laws 87 

Section  4701,  Revised  Statutes,  not  to  reopen  claims  adjudicated  prior  to 

change  in  practice 78 

Act  of  August  24,  1912: 

Copies  of  Bureau  records,  when  furnished  and  charges  for 506 

Provision  for  fee  for  furnishing  certified  copies 507 

Act  of  February  19,  1913,  Indian  wars 131 


124  INDEX. 

Act  of  March  4,  1913:  Section. 

Adjudication  under  act  of  May  11,  1912,  prior  to,  not  to  be  disturbed 83 

Amending  act  of  May  11,  1912,  automatic  increase 448 

Action: 

Face  brief,  evidence  in  rejected  cases  to  be  disposed  of  by 318 

Form  of  letter  advising  claimant  as  to 139, 140 

Notice  of,  to  Members  of  Congress,  in  cases  called  up  by 290 

Prompt,  in  cases  recalled  from  Congress 280 

Acts: 

Public,  copies,  chief  clerk  to  Law  Division 278 

Special 275-279 

Copies  made  by  chief  clerk 275 

Reference  of,  to  Law  Division 275 

Addresses: 

Alias  to  be  omitted  in 298 

And  names  of  comrades 320 

Care  of  another  person,  not  accepted  for  delivery  of  valuable  mail 216 

Change  of  post  office 18 

General  delivery;  when  it  may  be  assumed  that  another  address  is  not 

available 217 

In  communications  to  be  at  the  beginning 297 

Inmates  soldiers'  homes  to  contain  service 299 

Pensioners,  correspondence  as  to,  to  be  in  name  disbursing  clerk 296 

Post  office,  of  pensioners,  charges  for  furnishing 508 

Registered  mail  to  contain  name  of  county 302 

To  include  street  and  number,  post-office  box  or  rural  free-delivery  route.  216,  501 

Adjudicating  Division: 

File  slip  to  be  sent  to,  on  issue  of  certificate 270 

Not  to  call  for  letters  of  guardianship 261 

Adjudication,  final,  when  reached .' 137 

Administrative  examination,  under  Dockery  Act  made  in  Finance  Division. . .  17 

Admission,  of  attorneys 344,  346 

Admittance: 

Employees  not  allowed  before  8.30  or  after  4.30 24 

Female  clerks  not  permitted  on  fourth  floor 26 

Admitted  cases,  examination  of  surgeons'  certificates  not  permitted  in 286 

Admitted  files,  duties  of 20 

Adulterous  cohabitation: 

No  payment  to  widow  as  guardian  if  dropped  from  roll  for 265 

Widow  dropped  account  of,  title  of  minors 466 

Adverse,  all  parties  to  be  notified  of  appeal 242 

Advertising,  matter  by  attorneys 399,  400 

Advice: 

Claimant  as  to  action,  form  of  letter 139, 140 

Employees  not  to  give  claimants 31 

Refundments,  to  be  given  Auditor  for  Interior  Department 150 

Affidavit: 

Execution  of 416 

Fixes  date  for  commencement  pension  under  act  of  May  11,  1912 86 

For  the  removal  of  desertion  because  of  disloyalty 101 

If  repeated,  how  acted  upon 59c 

Judicial  officers  using  a  seal  not  to  be  under  oath 505 

Officer  must  certify  to  interlineations  or  erasures 503 

Surgeon's  or  physician's,  to  be  in  handwriting  of  witness , , . .  504 


INDEX.  125 

Age:  Section. 

Act  of  May  11,  1912,  all  facts  to  be  considered  in  determining 71 

Declaration  not  required  except  in  original 81 

And  date  of  birth  to  appear  on  face  brief 68d 

Approximate  date  of  birth  may  be  fixed 84 

Beneficial,  act  of  May  11,  1912;  claim  considered  upon  receipt  information 

any  source  pensioner  has  reached 94 

Calls  on  Census  Bureau 100 

Correspondence  as  to,  by  letter 68c 

Date  of  birth  accepted  after  maximum,  75,  reached 85 

Determine  under  act  of  May  11,  1912,  if  adverse  action  taken 88 

Increase  on  account  of,  future,  act  of  May  11,  1912 80 

Mistatements,  refundment  account  of 152, 153 

Rejection,  form  of  letter 92 

On  account  of,  pensioner  to  be  advised  future  rights 91c 

Agents.     (See  Attorneys.) 

Agents,  State,  advised  as  to  calls 403 

Agreement,  articles  of: 

Execution,  if  not  proper,  attorney  to  be  advised 392 

Form  of 390 

To  be  in  duplicate .' 389,  391 

Two  witnesses  required  to  claimant's  signature  in 386 

Withholding  fee  if  defective 397 

Alias,  not  to  be  used  in  addresses 298 

Allowances,  Navy,  10  and  20  years'  service 451 

Answers,  prompt  and  respectful,  required  in  inquiries  for  status 291 

Prompt,  required  in  congressional  calls 289 

Appeals: 

Action  in  bureau  on 258-260 

Chiefs  of  division  to  commissioner 238 

Claim  for  division  of  pension,  notice  of  decision 252-256 

Consideration  in  bureau  after  notice  of  appeal 259 

Copy  of  decision  of  Secretary  mailed  to  party 257b 

Division  of  pension 260 

Employees,  only  through  chief 239d 

Filed  with  the  commissioner 235,  241 

Motion  for  reconsideration 251 

Notice  to  adverse  parties 242 

One  year,  must  be  filed  within 235 

Practice  in  pension  and  bounty  land 240,  257b 

Time  limit,  one  year 242 

To  chief  of  board  of  review 238 

Two  or  more  claims  involved 251b 

Under  act  of  March  3,  1899 252-256 

Applicant,  declaration  of,  as  to  other  service 147 

Application : 

Accrued  pension,  reference  of 156 

Artificial  limbs,  where  filed 511 

Back  pay  and  bounty,  where  filed 510 

Blanks,  requests  for  to  chief  clerk 55d 

Calls  for  record  on  filing '. 431 

Certificate  of  discharge,  where  filed 509 

Date  of  commencement,  act  May  11,  1912 447 


126  INDEX. 

Application — Continued.  Section. 

Headstones  for  graves,  where  filed 512 

If  repeated,  how  disposed  of 59c 

Increase — 

And  renewal,  medical  testimony  in 64d 

Disposition  of  second  when  first  still  pending 64e 

To  Law  Division 55a 

Appropriations,  estimates: 

For  bureau  made  by  chief  clerk 6 

For  payment  of  pensions  made  by  Finance  Division 17 

Approval: 

Form  of,  in  case  applicant  receiving  higher  rate  under  other  laws 138 

Secretary  of  Interior,  names  to  be  dropped  upon 155 

Approximate,  date  of  birth  may  be  fixed 84 

Arguments,  oral,  before  Law  Division,  not  permitted  by  attorneys 395 

Army  and  Navy  Division: 

Communications  relative  to  bounty  land,  to 54b 

Duties  of 13 

Reimbursement  claims,  act  of  March  2,  1895,  to. 13,  55c,  162 

Army  nurses: 

Act  of  August  5,  1892 484 

Briefing  of  claims 212 

Arrangement,  briefing  claims  in  different  classes  of  cases 189-214 

Articles  of  agreement: 

Attorneys  advised  if  not  properly  executed 392 

Claimant's  acknowledgment  not  to  be  before  attorney  named  therein 387 

Defective,  fee  withheld 397 

Form  of 390 

To  be  in  duplicate 389,  391 

Two  witnesses  required  to  claimant's  signature 386 

Artificial  limbs,  applications  for,  where  filed 511 

Assistance  of  Members  of  Congress  and  other  officials,  soliciting  of,  by  attorneys 
subject  to  disbarment 360,  361 

Assistant  chief  clerk,  duties  of 

Attorneys 344-359 

Accrued  pension,  fee  in 378 

Admission  and  recognition  of 344,  346 

Advertising  matter  by 399, 400 

And  claimants  to  be  notified  in  rejected  claims 233 

Articles  of  agreement — 

Claimant's  acknowledgment  not  to  be  before  attorney  named  therein.       387 

Form  of 390 

Not  properly  executed,  advised  of 392 

To  be  in  duplicate 389,  391 

Two  witnesses  required  to  claimant's  signature  therein 386 

Claimant's  right  to  revoke  power  of  attorney 383 

Claims  not  to  be  taken  out  of  regular  order  on  request  of,  except  for  good 

cause 373 

Change  of  guardian  does  not  affect  status  of  attorney 374 

Declaration  and  other  evidence  not  to  be  executed  before 388 

Disbarred,  claimant  to  be  advised 293 

Discipline  of,  in  charge  Law  Division 11 


INDEX.  127 

Attorneys— Continued. 

Evidence —  Section. 

Called  for  must  be  furnished  within  90  days 379; 

Execution  of,  not  to  be  before  attorney 500 

Referred  to  Law  Division  for  opinion,  properly  briefed ^ 398 

Willful  withholding  of,  by  attorney,  to  be  reported  to  Secretary 375 

Expense  incurred  by,  reimbursement  from  claimant  under  certain  condi- 
tions   377 

Fee- 
Allowed,  notice  of  issue  only  when 269 

Dependent  parents 481 

Greater  received  than  authorized,  to  be  reported  for  disbarment 376 

Not  allowed  to  guardian  who  prosecutes  claim  of  ward  as  attorney 369 

To  be  paid  on  first  issue 384 

Withheld  if  articles  of  agreement  defective 397 

Fees  allowed  by  law,  table  of 513 

Government  employees  prohibited  from  acting  as 404 

Laches  of,  not  to  be  dropped  without  30  days'  notice 379 

Medical  examinations,  notice  of,  and  calls  for  evidence  not  to  be  sent  to  dis- 
qualified attorneys 365 

Motions  to  reconsider  rulings  and  decisions  of  Law  Division  not  to  be  en- 
tertained   396 

Neglect  to  prosecute  claim  for  one  year  evidence  of  abandonment 380 

Officers  of  the  United  States  prohibited  from  acting 359 

Oral  arguments  not  permitted  by,  before  Law  Division 395 

Orange  colored  slip,  use  of,  prohibited  by 282 

Power  of  attorney — 

Claimant's  right  to  revoke 383 

Not  recognized  unless  signed  by  claimant  in  presence  two  witnesses. .  358 
Prohibited — 

From  transferring  claims  unless  in  good  standing 356 

From  using  initials  "U.  S."  or  the  words  " United  States"  in  title 401 

Postage,  amount  allowed  from  claimants 393,  516 

Questions  for  Law  Division  must  be  in  writing 395 

Recognition  of,  only  upon  power  of  attorney 357 

Required  to  state  names  of  all  subagents  or  correspondents 371 

Rights  of,  vacated  by  execution  of  declaration  before 499 

Sample  forms  of  declarations  to  be  furnished 417 

Schedule  of  transfers  required 352 

Soliciting  assistance,  Members  of  Congress  and  other  officials  subject  to 

disbarment 360,  361 

State  agents  to  be. advised  as  to  calls 403 

Status  of,  to  be  obtained  from  Law  Division 347 

Suspension  of,  entitled  to  fee  in  claims  completed  prior  to 362 

To  be  notified— 

Issue  bounty  land  warrants 133b 

Of  action  of  rejection 382 

To  refund  fee  erroneously  certified 402 

Transfer  of — 

Consent  of  attorney  required  in 349 

In  cases  deceased  claimants 355 

Separate  slip  required  in  each  case 351 

Written  consent  of  claimant  required  in 354 

76704°— 15 9 


128  INDEX. 

Attorneys — Continued.  Section. 

Transfer  slips  referred  to  Law  Division 394 

Title  to  fee  not  to  be  considered  after  expiration  of  one  year  from  date  issue 

certificate 370 

Attorneyship,  transfer  of,  must  be  acknowledged  under  oath 350 

Auditor  for  Interior  Department: 

Advised  of  refundments 150 

Checks,  payment  of 498 

Authors,  initials  of,  must  appear  on  all  communications 49,  300 

Automatic  increase,  act  of  May  11,  1912 80,  448 

B. 

Back  pay,  application  for,  where  filed 510 

Battleship  Maine,  pension  account  destruction  of,  not  to  commence  prior  to 

February  16,  1899 134 

Beneficial  age: 

Act  of  May  11,  1912,  claim  considered  upon  receipt  information  any  source, 

pensioner  has  reached 94 

Form  of  letter  rejection  to  be  used  when  applicant  has  not  yet  reached 92 

If  reached  within  three  months,  increase  act  of  May  11,  1912,  to  be  con- 
sidered   90a 

To  be  noted  in  certain  cases 88 

Benefit,  disability  clause,  act  of  May  11,  1912,  not  to  be  given  unless  specifi- 
cally mentioned 69 

Benefits  (act  of  Mar.  2,  1895) :  To  be  noted  on  brief  when  given 64i,  64j 

Biennial  report  required  of  guardian 264 

Bills,  expenses  last  sickness  and  burial 495 

Birth: 

Approximate  date  of,  may  be  fixed 84 

Date  of— 

and  age  to  appear  on  face  brief 68d 

To  be  accepted  on  allegation  if  75  years  of  age ^ 85 

To  be  in  claimant's  statement  before  special  examiner 221 

To  be  noted  on  face  brief  and  in  letter  of  rejection,  in  certain  cases 88 

Of  children,  proof  as  to  dates  of 459 

Of  pensioner,  act  of  May  11, 1912— 

Claimant's  sworn  statement  as  to  day  and  month  will  be  accepted 91b 

When  year  established  cumulative  evidence  as  to  year  not  to  be 

required 91a 

Blank: 

Applications,  requests  for,  to  chief  clerk 55d 

Forms  of  declarations  to  be  furnished  claimants 417 

Blots  prohibited  in  official  correspondence 300 

Board  of  Review: 

Appeals  to  chief 238 

Duties  of 9, 155b,  218,  223 

Duties  of,  if  applicant  not  reached  beneficial  age 88 

Increase  claims  to  be  submitted  to 64a 

Personnel  of,  determined  by  commissioner 9 

Shall  determine  service  origin,  disability  claims  (act  of  May  11,  1912) 98a 

Bonds,  indemnifying  in  case  of  losts  check 296 

Books  and  newspapers,  reading  of,  prohibited 23 

Bounty,  application  for,  where  filed 510 


INDEX.  129 

Bounty  land:  Section. 

Appeals,  practice  in 240-257b 

Communications  relative  to,  to  Army  and  Navy  Division 54b 

Warrants 132,133 

Attorney  to  be  notified  of  issue 133b 

Delivery  to  claimant  only 132b 

Receipt  required  for  delivery 133a 

To  be  delivered  personally  or  by  reguistered  mail 132a 

Brief: 

Benefits  of  act  of  March  2,  1895,  to  be  noted  on,  when  given 64i,  64j 

Rejected  certificates  of  medical  examination  not  to  be  filed  in 61n 

Briefing: 

Claims,  arrangement  of  papers  in 170-214 

Evidence  referred  to  Law  Division  for  opinion 398 

Broken  glass,  disposition  of 34 

Brothers  and  sisters,  minor,  dependent,  proof  required 477 

Building,  parts  of,  open  to  visitors 27 

Bureau: 

Action  in,  on  appeals 258-260 

Business  of,  not  to  be  d  iBcusped  with  outside  partiea 32 

Census,  calls  upon 100 

Not  to  be  used  as  collecting  agency 37 

Records,  copies  of,  when  furnished  and  charges  for 506 

Burial,  reimbursement  for  expenses  of 157,  495 

Business: 

Conduct  of 22-42 

Of  bureau  not  to  be  discussed  with  outside  parties 32 

C. 

Call  slips: 

For  cases,  requirements  as  to 323,  324 

To  be  signed  by  Chief  of  Reord  Division  if  no  claim  on  file 326 

Calling,  claims  as  special  prohibited 342 

Calls: 

Congressional,  prompt  answer  required  in 289 

For  information  from  private  institutions,  if  fee  required 310 

For  record,  on  filing  application 431 

Not  to  be  made  on  disqualified  attorneys 365 

Official  character  of  officers,  on  Law  Division 407 

Official,  in  cases,  to  include  all  evidence  required 304 

Relative  to  payments  to  be  made  on  Finance  Division 163 

Upon  the  Census  Bureau 100 

Canceling  of  certificates  on  account  death  pensioner  prohibited 160 

Carbon: 

Copies — 

Required  of  all  typewritten  correspondence 309 

To  be  filed  in  cases,  one  of  latest  date  on  top 309 

Letter  of  instructions  in  special  investigations  to  be  prepared  with 50 

Card  index  of  documents  and  claims  arising  out  of  War  of  1812  in  custody  of 

Record  Division 15 

Care  of  another  person,  addresses  not  accepted  for  delivery  of  valuable  mail 216b 

Carriers  oaths,  rural  free  delivery,  not  authorized  for  general  purposes 408 


130  LNDEX. 

Cases:  Section. 

Admitted,  examination  of  surgeons'  certificates  not  permitted  in 286 

All  to  pass  through  clearance  desks 335,  340 

Called  up  by  Members  of  Congress,  notification  of  action  in 290 

Call  slips  for,  requirements  as  to 323,  324 

Classes  reported  to  the  commissioner 215 

Criminal,  reports  of  special  examiners  in,  not  to  be  inspected 284 

Evidence  to  follow 325 

Identity,  special  examination 220 

In  field  for  special  examination,  permits  in 225 

Recalled  from  Congress,  prompt  action  therein 280 

Rejected : 

Evidence  in  to  be  disposed  of  by  face  brief  action 318 

Examination  of  surgeons'   certificates  not  permitted  in  after  three 

months 287 

Returned  for  action  by  committee  of  Congress 280 

Census,  claimant  to  give  to  special  examiner  location  in  1850  and  ]  860 221 

Census  Bureau,  calls  upon 100 

Certificate: 

As  to  service,  State  of  Texas,  Indian  wars 130 

Commissioned  officer  in  service  accepted  in  evidence 436 

Discharge,  application  for,  where  filed 509 

Official  character  of  officer  covering  date  execution  only,  not  to  be  detached.  406 
Certificate  Division: 

Duties  of 16 

Errors  in  certificates,  correction  of  by 271 

No  change  to  be  made  in  jackets  except  in 272 

Certificate  jackets,  no  change  in  except  in  Certificate  Division 272 

Certificate  of  death  from  Navy  Department 288 

Certificates 266-270 

Automatic  increase  to  be  shown  in 80,  448 

Case  to  be  treated  as  special  if  error  in 271 

Correction  of  errors  in 271 

Disability — 

Permission  to  examine 288 

To  be  stated  in 268 

Examining  surgeons — 

Copying  of  prohibited 285c 

Examination  of  not  permitted  in  admitted  or  rejected  cases 286-287 

Inspection  of 285 

Persons  permitted  to  examine 285b 

Rejected,  not  to  be  filed  in  brief 61n 

File  slip  on  issue  of  certificate  sent  to  Adjucating  Division 270 

Name  of  vessel  to  be  given  in,  in  Navy  cases 266 

Not  to  be  canceled  account  death  pensioner 160 

Official  character,  notaries  and  justices,  to  Law  Division 405 

Presence  or  absence  of  to  be  noted  on  face  brief  in  claims  for  accrued  pension  159 

Reissues  in  lieu  of  lost 273,  274 

To  have  increase  under  act  of  March  19,  1886,  noted  on 274 

To  have  increase  under  act  of  March  2,  1895,  noted  on 274 

Special  acts,  no  disability  to  be  named  in 276 

To  be  sent  to  Finance  Division 267 


INDEX.  131 

Certification:  Section. 

Credibility  of  witnesses  by  officer  before  whom  executed 502 

Interlineations  and  erasures,  by  officer  before  whom  executed 503 

Certified  copies: 

All  pension  laws  to  be  filed  in  Law  Division 278 

Decree  of  divorce  required 456 

Fee  for  furnishing 507 

Names,  pensioners,  length  of  service,  and  age 507 

Change: 

Jackets,  none  except  in  Certificate  Division 271 

Name  or  service,  any  in,  referred  to  Record  Division 327 

Post  office  addresses 18 

Character,  official: 

Certificate  of  covering  date  execution  only  not  to  be  detached 406 

Calls  for  and  certificates  of,  to  Law  Division 405,  407 

Charge: 

Copies  of  bureau  records,  when  may  be  made 506 

Furnishing  post-office  addresses  of  pensioners 508 

Checks: 

Lost,  correspondence  in  name  disbursing  clerk 296 

Mailing  of,  when  constitutes  payment 497,  498 

Chief  clerk: 

Communications  to  be  addressed  to 295 

Divisions  under  supervision  of 4 

Duties  of 6,  55d 

May  grant  permission  for  pay 36 

Public  acts  from,  to  Law  Division 278 

Requests  for  blank  applications  to 55d 

To  make  copies  of  special  acts 275 

Chiefs  of  division: 

Appeals  by,  to  commissioner 238 

Instructions  by,  to  be  in  writing 47,  48 

To  make  daily  and  monthly  reports 53 

Child,  helpless: 

Not  entitled  unless  disability  existed  prior  to  16  years  of  age 468 

Over  16  years  at  soldier's  death,  no  title 469 

Children: 

Born  prior  to  marriage,  legitimate  if  acknowledged  by  father 460 

Helpless,  title  of,  under  act  of  June  27,  1890 468 

Proof  as  to  dates  of  birth 459 

Circular  letters  not  to  be  used  in  correspondence  with  departments 294 

Civil  surgeons,  medical  examinations  by 61g 

Civil  War:  % 

Date  of  enlistment  in  volunteer  organizations  in 73,  74 

Service  in  Navy,  when  to  be  considered 76 

Service  in,  provisions  of  act  of  February  6,  1907. 444 

Service,  Regular  Establishment,  when  not  considered 75 

Civil  War  Division,  duties  of 14 

Claimant: 

Acknowledgment  in  articles  of  agreement  not  to  be  before  attorney  named 

therein 387 

Attorney  and,  to  be  notified  in  rejected  claims 233 

Declarations,  blank  forms  furnished 417 


132  INDEX. 

Claimant — Continued. 

Death  of —  Section. 

Claim  to  be  rejected  if  no  survivor  to  complete 161 

Special  examiner  to  return  papers 230 

Deposition  of,  before  special  examiner 221 

Fee  payable  by,  in  certain  cases,  and  amount  same 514 

Form  of  letter  of  advice  as  to  action 139, 140 

Maximum  rate  for  pensioned  disability,  medical  examination  not  to  be 

ordered 64c 

May  prosecute  claim  in  person 418 

Must  sign  power  attorney  in  presence  two  witnesses 358 

Not  to  be  advised  by  employees 31 

Rejection  if  unable  to  furnish  evidence  of  origin 63f 

Right  to  revoke  power  of  attorney 383 

Statement  of,  in  invalids'  or  survivors'  claim,  special  examination 221 

To  be  advised  of  disbarment  of  attorney 293 

Written  consent  required  in  transfers  attorneys 354 

Claims: 

abandoned,  practice  in 236,  237 

Account  battleship  Maine 134 

Accrued  pension,  presence  or  absence  of  certificate  to  be  noted  on  face  brief.       159 
Acts  of  February  6, 1907,  and  May  11, 1912,  age  and  date  of  birth  to  appear 

on  face  brief 68d 

Adjudicated  under  act  of  May  11,  1912,  prior  to  act  of  March  4,  1913,  not 

to  be  disturbed 83 

Act  of  May  11,  1912,  declaration  not  required  except  in  original  claim 81 

Age,  correspondence  as  to,  by  letter 68c 

Briefing  of,  arrangement  of  papers  in 170-214 

Called  up  by  Member  of  Congress  still  in  office,  notice  of  rejection  to  be  sent.       234 

Claimant  may  prosecute  in  person 418 

Classification  of,  under  acts  of  February  6, 1907,  and  May  11, 1912 68a 

Completed,  special  examiner  to  return 228 

Consolidation  of 164-169 

Contested,  time  for  appeal  limited  to  30  days 242 

Contesting,  reference  of,  and  special  examination  in 232 

Count  of,  pending 330-343 

Disability,  act  of  May  11,  1912— 

Medical  evidence  required  in 96 

Medical  examinations  in 95,  98 

Division  of  pension,  appeal  in,  notice  of  decision 252-256 

Evidence  in,  not  to  be  filed  without  proper  consideration 318 

Increase 64,  65 

Medical  examination  in 64b 

Medical  examination  not  ordered  if  maximum  rate  for  pensioned  dis- 
ability        64c 

Medical  testimony  in  applications  for  renewal 64d 

Medical  testimony  required  if  pensioner  receiving  $17  to  $24  per  month .      64h 

New  disability  not  alleged  of  service  origin  ignored 66 

Rejected  claim  reopened  if  medical  examination  ordered  therein 64k 

Rejection  of,  if  no  examination,  case  of  death  of  applicant 641 

Second  application  when  prior,  is  pending,  medical  evidence  required.      64e 

Submission  of,  to  Board  of  Review 64a 

To  be  given  prompt  consideration 64b 


INDEX.  133 

Claims— Continued.  Section. 

Invalid,  military  and  medical  history 63a 

Special  examination,  not  to  be  referred  unless  ratable  degree  disability 

shown 224 

Meritorious,  report  on,  joint  resolution  of  May  29,  1830 281 

Minor,  prosecution  by  next  friend  or  guardian 467 

Minor,  service  of  mother's  former  husband  must  be  shown 229 

Mother  or  nurse,  to  Record  Division,  if  service  of  husband  shown 329 

Neglect  to  prosecute  for  one  year,  abandonment  by  attorney 380 

Not  to  be  taken  out  of  regular  order  upon  attorney's  request  except  for 

good  cause 373 

Not  to  be  called  for  as  special 342 

Original  invalid,  practice  in 63 

Pending,  death  in,  to  be  noted 56 

Pending,  definition  of 331 

Probability  of  fraud  in,  reference  to  Law  Division 222 

Reference  to  Record  Division  if  change  in  name  or  service 327 

Reimbursement — 

Deduction  in,  of  amount  received  from  different  States  and  District  of 
Columbia 157 

To  Army  and  Navy  Division 55c,  162 

Rejected 233-235 

Rejection,  90  days  allowed  attorney  to  file  claim  for  reconsideration  after.       382 

Rejection  when  claimant  unable  to  furnish  evidence  of  origin 63f 

Rejection  when  no  disability  exists 63e 

Reopening  of,  act  of  May  11, 1912,  prohibited  if  adjudicated  prior  to  change 

in  practice 78 

Disability  claims  rejected,  act  of  May  11,  1912 99 

Special,  rules  governing 282,  283 

Subsequent  to  follow  original  to  field 226 

To  be  rejected  upon  death  of  claimant  if  no  one  to  coincide 161 

Transfer  from  attorney  prohibited  unless  in  good  standing 356 

Two  or  more  disabilities,  disposition  of 145, 146 

Two  or  more  involved  in,  appeals 251b 

Under  act  of  March  2,  1895,  joint  resolution  of  July  1, 1902,  not  applicable.       104 

Under  act  of  March  3,  1899 105-129 

Under  act  of  March  3,  1901,  section  4715,  Revised  Statutes  applies 67a 

Under  act  of  February  6,  1907,  or  act  of  May  11,  1912 68-99 

Under  act  of  May  30,  1908 130 

Under  act  of  May  11,  1912,  application  of  section  4701  to 77 

Under  act  of  February  19,  1913 131 

Under  different  laws,  election  and  restoration 137-144 

Under  joint  resolution  of  July  1,  1902 101-104 

Under  sections  4692  and  4693,  Revised  Statutes,  when  to  be  referred  to 

medical  referee .' 142 

Under  subsequent  act  to  bo  completed  if  earlier  in  field 227 

Widows,  service  of  former  husbands,  if  any,  must  be  shown 229 

Service  of  prior  husbands,  action  in,  if  any 328 

Classification,  claims  under  acts  of  February  6,  1907,  and  May  11,  1912 68a 

Clearance  desks: 

All  cases  to  pass  through 335,  340 

In  the  several  divisions .  333-338 


134  INDEX. 

Clearance  Service:  Section. 

Cases,  how  handled,  where  none  established 343 

Establishment  of 332 

Clerks,  desks  of,  to  be  cleaned  out  first  of  every  month 34 

Coast  Guard,  no  pension  while  on  active  or  retired  list 13 

Cohabitation: 

Adulterous,  widow  dropped  account  of,  minors'  title 466 

Notorious  adulterous,  no  payment  to  widow  as  guardian  if  dropped  from 

roll  account  of 265 

Widow  with  soldier  to  date  of  his  death 457 

Colored  soldiers,  widows  of,  marriage 455 

Commencement : 

Date  of,  applications  act  of  May  11,  1912 447 

Date  of,  service  prior  to  March  4,  1861 427 

Disability,  increase,  act  of  May  11,  1912,  date  of  filing  declaration 86 

Pension,  account  destruction  battleship  Maine  not  to  be  prior  to  February 

16,  1899 134 

Pensionable  service,  drafted  men,  act  of  May  11,  1912 79 

Commissioned  officer  in  service,  certificate  accepted 436 

Commissioner: 

Appeals  to  be  filed  with 235,  241 

Appeals  to,  by  chiefs  of  division 238 

Classes  of  cases  to  be  reported  to 215 

Communications  to  be  addressed  to 295 

Correspondence  to  be  conducted  in  name  of 296 

Divisions  under  supervision  of 2 

Intricate  questions  of  law  or  fact,  to  attention  of "5 

Official  communications  of  special  examiners  to  be  addressed  to 39 

Personnel  board  of  review  determined  by 9 

Requests  for  special  examination  to  be  approved  by 218c 

Signature  of,  by  means  of  stamp 51 

Signature,  facsimile,  stamped  in  division • 316a 

Committees  of  Congress,  case  returned  for  action  by 280 

Communications :' 

Address  in,  to  be  at  the  beginning 297 

Addressed  to  commissioner,  deputy  commissioner,  or  chief  clerk 295 

Alleging  violation  of  law  or  fraud,  to  Law  Division 54a 

All,  to  Mail  and  Supplies  Division  for  stamping  date  of  receipt 59b 

Confidential,  and  reports  of  special  examiners  in  criminal  cases  not  to  1  e 

inspected 284 

Date  of  receipt  not  required  to  be  given 301 

Initials  of  authors  of,  must  appear  on 49 

Official 49-57 

Of  special  examiners,  addressed  to  Commissioner  of  Pensions 39 

To  be  initialed  personally  by  author 300 

Reference  of 54a-54d 

Relative  to  bounty  land,  to  Army  and  Navy  Division 54b 

Without  sufficient  data  to  be  returned 43a 

Completed  claims: 

Fee,  attorney  entitled  to,  if  completed  prior  to  suspension 362 

Special  examiner  to  return 228 

Completion,  claim  under  subsequent  act  if  earlier  claim  in  field 227 


INDEX.  135 

Comrades:  Section. 

Names  and  addresses  of 320 

Presence  or  absence  of,  if  testimony  before  special  examiner 231 

Conduct  of  business 22-42 

Confidential  communications  and  reports  of  special  examiners  in  criminal  cases 

not  to  be  inspected 284 

Congress: 

Cases  recalled  from,  prompt  action  in 280 

Cases  transmitted  to,  by  Law  Division 11 

Committees  of,  case  returned  for  action  by 280 

Members  of — 

Soliciting  assistance  of,  by  attorneys,  subject  to  disbarment 360,  361 

To  be  notified  of  rejection  if  still  in  office  and  claim  called  up  by 234 

Congressional  calls,  prompt  answer  required  in 289 

Consent: 

Of  attorney  of  record  required  in  transfer 349 

Written,  of  claimant,  required  in  transfers  of  attorneys 354 

Consideration: 

Of  appeal  in  bureau  after  notice  of 259 

Proper,  to  be  given  evidence  in  claims  before  filing 318 

Consolidation: 

Cross  reference  and  recording  in  Record  Division  of  all  claims 328 

Of  claims 164-169 

Subsequent  claim  to  be  forwarded  when  original  claim  in  field 226 

"Construed, "  meaning  of,  as  used  in  section  4701,  Revised  Statutes 77 

Consular  officers,  correspondence  with,  to  be  through  State  Department 313 

Contested  claims,  time  for  appeal  limited  to  30  days 242 

Contesting  claims,  reference  of  and  special  examination  in 232 

Continuance,  testimony  of  each  physician  required 439 

Copies: 

Bureau  records,  when  furnished,  and  charges  for 506 

Carbon- 
Required  of  all  typewritten  correspondenca *. 309 

To  be  filed  in  cases,  one  of  latest  date  on  top 309 

Certified— 

Fee  for  furnishing 507 

Of  all  pension  laws  to  be  filed  in  Law  Division 278 

Of  names  of  pensioners,  length  of  service  and  age 507 

Of  decree  of  divorce  required 456 

Decision  of  Secretary  to  be  mailed  party  in  interest 257b 

Duplicate,  of  correspondence  with  District  of  Columbia  to  be  inclosed 311 

Furnished  by  Law  Division  under  act  of  August  24,  1912 11 

Return  of,  by  Law  Division 11 

Special  acts  to  be  made  by  chief  clerk 275 

Copying  examining  surgeons'  certificates  prohibited 285c 

Correction: 

Errors  in  certificates 271 

Return  of  imperfectly  executed  documents  for 409 

Correspondence 289-316 

Abbreviations,  interlineations,  blots,  or  erasures  prohibited 300 

Addresses  inmates  soldiers'  homes  to  contain  service 299 

Address  in  communications  to  be  at  the  beginning 297 


136  INDEX. 

Correspondence — Continued.  Section. 

Alias  not  to  be  used  in  addresses 298 

Carbon  copies  of,  to  be  filed  in  cases,  Licsi  o~o  on  t,»p 309 

Carbon  copies  required  of  all  typewritten  correspondence 309 

Circular  letters  not  to  be  used  in,  with  departments 294 

Communications  to  be  addressed  to  commissioner,  deputy  commiboioner, 

or  chief  clerk 295 

Date  of  receipt  not  required  to  1  e  given  in  official  communications 301 

Erasures,  interlineations,  and  underscoring  not  allowed 294 

Expressions  used  in  office  parlance  not  to  be  used  in 292 

Facsimile  stamps,  charge  of,  to  certain  persons 316b 

Foreign  countries,  expense  involved,  through  special  examination  division.  314 

Indefinite  declarations,  by  Law  Division 60b 

Information,  calls  for,  from  private  institutions  if  fee  required 310 

Inquiries  addressed  to  employees  to  be  referred  to  proper  official 295 

Inquiry  through  chief  of  special  examination  division 310 

Lost  checks  and  addresses  of  pensioners  to  be  in  name  of  disbursing  clerk . . .  296 

Mail  for  foreign  countries  to  Mail  and  Supplies  Division  for  postage 308 

Official  calls  in  cases  to  include  all  evidence  required 304 

Official  communications  initialed  personally  by  author 300 

Postage  stamps  to  be  returned 315 

Received  by  reference  of  Secretary,  to  be  replied  to  through  his  office 306 

Registered  mail,  name  of  county  to  be  given  in  address 302 

Signature,  facsimile,  of  commissioner,  stamped  in  division 316a 

Spacing  of  official  letters 303 

To  be  conducted  in  name  of  commissioner 296 

Unfailing  courtesy  to  be  observed  in 307 

With  consular  officers,  through  State  Department 313 

District  Government,  duplicate  copy  to  be  inclosed 311 

Examining  surgeons,  in  name  medical  referee 296 

United  States  military  or  naval  home,  to  be  addressed  to  official  head .  312 

Correspondents,  attorneys  required  to  state  names  of  all 371 

Count,  of  pending  claims 330-343 

Countries,  foreign,  correspondence  with,  to  be  through  Special  Examination 

Division  if  expense  involved 314 

County,  name  of,  to  be  given  in  address,  registered  mail 302 

Courtesy,  unfailing,  to  be  used  in  official  correspondence 307 

Credibility  of  witnesses 321 ,  502 

Criminal  cases,  reports  of  special  examiners  in,  not  to  be  inspected 284 

Cross  reference,  all  connected  claims  to  Record  Division  for  proper 228, 229 

D. 

Daily  reports,  chiefs  of  division  to  make 53a 

Data,  sufficient,  communications  without,  to  be  returncJ 43a 

Date: 

Actof  May  11, 1912,  commencement,  increase  for  disability,  date  filing  decla- 
ration   86 

Birth- 
Accepted  after  arriving  at  75  years 85 

Approximate  date  may  be  fixed 84 

Children,  proof  as  to 459 

To  be  accepted  on  allegation  if  75  years  of  age 85 

To  be  contained  in  claimant's  statement  before  special  examiner 221 

To  be  noted  on  face  brief  and  in  letter  of  rejection,  certain  cases  ....  88 


INDEX.  137 

Date — Continued. 

Commencement —  Section. 

Applications,  act  of  May  11,  1912 447 

Of  pension,  service  prior  to  March  4,  18G1 427 

Declarations  and  evidence  to  Mail  and  Supplies  Division  for  stamping 

date  of  receipt •..  59b 

Enlistment,  volunteer  organizations,  Civil  War 73 

Execution  of  declaration  when  on  day  of  muster  out 58 

Marriage  in  claims  act  of  June  27,  1890,  and  April  19,  1908 462 

Medical  examination  to  be  given  in  index  sheets 219 

Receipt  not  required  to  be  given  in  official  communications 301 

Death: 

Canceling  certificates  account  of,  prohibited  in  case  no  payment 160 

Due  to  service  prior  to  March  4,  1861,  law  relative  thereto  and  date  com- 
mencement pension 427 

In  pending  original  claims  to  be  noted 56 

Increase,  rejection  of,  if  no  medical  examination 641 

Of  claimant — 

Claim  to  be  rejected  if  no  survivor  to  complete 161 

Special  examiner  to  return  papers  in  case  of 230 

Of  employees  to  be  reported 45 

Of  pensioners,  reported  to  Finance  Division 54d,  55a 

Presumption  of,  act  of  March  13,  1896 463 

Debts,  bureau  not  collecting  agency,  and  employees  not  to  contract  on  strength 

of  official  position 37 

Decision : 

Notice  of,  claim  for  division  of  pension,  appeals 252-256 

Secretary,  copy  of,  to  be  mailed  party  in  interest 257b 

Declaration : 

Accrued  pension,  formal,  not  necessary 156,  496 

Act  of  May  11, 1912,  not  required  on  account  of  age  except  in  original  claim .  81 

All  to  Mail  and  Supplies  Division  for  date  of  filing  stamp 59b 

Blank  forms  to  be  furnished  claimants 417 

Execution  of 416 

Before  attorney  vacates  rights  of 499 

If  on  date  of  muster  out 58 

Failing  to  mention  disability,  how  considered 69 

For  increase 449 

For  renewal,  failure  to  claim 482 

If  repeated,  how  acted  upon 59c 

Imperfectly  executed,  to  be  returned  for  correction 409 

Indefinite,  correspondence  in  by  Law  Division 60b 

New  disability,  requirements  as  to 59a 

Not  to  be  executed  before  attorney 388 

Of  applicant  as  to  other  service 147 

Recording  of,  under  proper  law 52 

Sample  forms  to  be  furnished  attorneys 417 

Section  4719,  Revised  Statutes,  requirements  in  claims  for  restoration 482 

Signature  of  applicant  to  be  witnessed  by  two  persona 430 

Special  acts,  required  if  no  claim  on  file 279 

Statement  "no  other  service "  to  be  accepted  in,  as  prima  facie 147 

Under  sections  4692  and  4693,  Revised  Statutes 428-430 

Under  section  4693,  Revised  Statutes,  all  disabilities  contracted  in  service 

to  be  named  therein . . ,  429 


138  INDEX. 

Declaration — Continued.  Section. 

U.  S.  S.  Maine,  when  valid 134 

Validity  and  sufficiency  of,  to  be  passed  upon  by  Law  Division 55a,  60a 

Widow  under  act  of  June  27,  1890,  to  be  accepted  as  under  act  of  April  19, 

1908 60c 

Decree  of  divorce,  certified  copy  of,  required 456 

Deduction: 

Account  of  furlough  and  absence  without  leave 72 

Claims  for  reimbursement,  of  amount  received  from  different  States  and 

District  of  Columbia 157 

Time  while  in  hospital  or  absence  account  of  self-inflicted  wounds 72 

Definitions: 

General 1 

"Line  of  duty'' 434 

Pending  claims 331 

Delivery: 

Bounty  land  warrants, — 

Personally  or  by  registered  mia! 132a 

To  claimants  only 132b 

Receipt  for  required,  bounty  land  warrants 133a 

Valuable  mail,  addresses  care  another  person  not  accepted  for 216b 

Department  of  State,  correspondence  with  consular  officers  to  be  through 313 

Departments,  correspondence  with,  circular  letters  not  to  be  used  in 294 

Dependence: 

Father 476 

Minor  brothers  and  slaters 477 

Mother 472-475 

Parents,  section  4707,  Revised  Statutes,  as  amended  by  act  of  June  27, 1890.  479 
Dependent: 

Brother's  and  sister's  claims,  briefing  of 208 

Claims  generally,  briefing  of 209 

Claims — 

Father,  briefing  of 207 

Mother,  briefing  of 206 

Father 476 

Minor  brothers  and  sisters,  proof  required 477 

Mothers,  requirements  in  claims  of 471-475 

Parents — 

Fees  of  attorneys 481 

Present  dependence  only,  section  4707,  Revised  Statutes,  as  amended 

by  act  of  June  27,  1890 479 

Rank  governs  rate 480 

Section  4707,  Revised  Statutes,  amended  by  act  of  June  27,  1890,  as  to .  479 

Relatives,  title  of,  under  section  4707,  Revised  Statutes 470 

Depositing,  of  refundments  with  Treasurer  of  United  States 150 

Deputy  Commissioner: 

Communications  to  be  addressed  to 295 

Divisions  under  supervision  of 3 

Desks: 

Clearance — 

All  cases  to  pass  through 335,  340 

In  the  several  divisions 333-338 

Clerks  to  clean  out,  first  of  every  month 34 

Inspection  of,  by  chiefs 34 

To  be  neat  and  orderly 24 


INDEX.  139 

Section. 
Destruction,  battleship  Maine,  commencement  pension  account  of,  not  prior  to 

February  16,  1899 I34 

Details,  all  to  be  given  by  witnesses  in  testimony 502 

Determination,  question  of  marriage  and  divorce '239 

Disability: 

Act  May  11,  1912— 

Further  consideration  of,  if  purpose  claimed 70 

Medical  evidence  required  in 96 

Medical  examinations  in 95, 98 

Reopening  of  rejected  claims 99 

All  contracted  in  service  to  be  named  in  declarations  under  section  4693, 

Revised  Statutes 429 

All  found  to  be  covered  by  medical  examination 61k 

Certificates  of,  permission  to  examine 288 

Clause,  act  of  May  11, 1912,  benefit  of,  not  to  be  given  unless  specifically 

mentioned 69 

Continuance  of,  testimony  of  each  physician  required 439 

Date  pensionable  ceased  to  govern  date  of  dropping 155b 

Disease,  medical  evidence  required 437 

Due  to  service  prior  to  March  4,  1861,  law  relative  thereto  and  date  com- 
mencement pension 427 

Evidence  as  to 'origin,  if  testimony  of  surgeon  or  officer  not  available 438 

Helpless  child,  existence  of  prior  to  16  years  of  age  necessary  to  title 468 

If  no  record,  proof  required  in 433 

Increase  for,  when  to  begin  under  act  of  May  11,  1912 86 

Incurred  in  service,  act  May  11,  1912 446 

New— 

In  increase  claims,  not  alleged  of  service  origin  to  be  ignored 66 

Requirements  as  to,  in  declaration 59a 

When  not  considered 66.  67 

None  to  be  named  in  certificates  under  special  acts 276 

Question  as  to  ratable,  to  medical  referee 63c 

Ratable- 
Degree  of,  shown,  invalid  claims  not  to  be  referred  for  special  exam- 
ination unless 224 

Rejection  if  not 611 

Rejection— 

If  origin  not  in  service 63b 

When  no  disability  exists 63e 

To  be  stated  in  certificates  issued  under  general  law 268 

Two  or  more,  disposition  of  claims  for 145, 146 

When  not  necessarily  permanent,  to  be  noted  for  further  medical  exam- 
ination   61o 

Wounds  or  injury,  nature  of  evidence  reqiiired 435 

Disbarment: 

Attorney  to  be  reported  with  view  to,  if  greater  fee  received  than  author- 
ized   376 

Of  attorney,  claimant  to  be  advised 293 

Of  attorneys,  soliciting  assistance  of  Members  of  Congress  and  other  officials, 

subject  to 360,  361 

Disbarred  attorneys,  calls  for  evidence  and  notice  of  medical  examination  not 

to  be  sent  to 365 

Disbursing  clerk,  correspondence  as  to  lost  checks  and  addresses  of  pensioners 

to  be  in  name  of 296 


140  INDEX. 

Section. 

Disbursing  Division,  duties  of 18 

Discharge,  certificate,  application  for,  where  filed 509 

Discipline 22, 42 

Discussion  of  business  of  bureau  with  outside  parties  forbidden 32 

Disease,  disability  from,  medical  evidence  required 437 

Disloyalty  removal  of  limitations  as  to 1 01 ,  443 

Disposition  of  claims  for  two  or  more  disabilities 145, 146 

Distribution  of  messenger  force 41 

District  of  Columbia,  correspondence  with,  duplicate  copy  to  be  inclosed 311 

Division: 

Chiefs  of — 

Appeals  by,  to  commissioner 238 

To  make  daily  and  monthly  reports 53a 

Name  of,  required  in  indorsements  on  jackets 317 

Division  of  pension 1 05-129 

Appeals  in,  action  by  Law  Division 260 

Briefing  claims,  helpless  and  minor  children 214 

Briefing  claims,  wife 213 

Claim  for,  appeal  in,  notice  of  decision 252-256 

Divisions: 

Under  supervision  of — 

Chief  clerk 4 

Commissioner 2 

Deputy  Commissioner 3 

Functions  of 9-21 

Divorce : 

Certified  copy  of  decree  required 456 

Evidence  as  to 457 

Question  of,  by  whom  determined 239 

Documents: 

All  to  be  sent  to  Mail  and  Supplies  Division 59b 

Imperfectly  executed,  to  be  returned  for  correction 409 

Second,  how  disposed  of 59c 

Drafted  men,  commencement  of  pensionable  service,  act  of  May  11,  1912 79 

Drafts,  or  post-office  money  orders,  refundments  and  recoveries  to  be  by 149 

Dropping: 

Act  of  December  21,  1893 485 

Cases  after,  to  be  sent  direct  from  Finance  Division  to  adjudicating  division 

if  claim  pending 341 

Date  disability  ceased  to  govern 155b 

From  roll,  widow,  account  notorious  adulterous  cohabitation,  no  payment 

to  as  guardian 265 

Name  account  failure  to  claim,  section  4719,  Revised  Statutes 482 

Notice  of,  requirements  as  to 155,  485,  486 

Of  attorneys  on  account  of  laches,  not  to  be  without  30  days'  notice 379 

Of  names  from  roll  upon  approval  of  Secretary 155 

Of  widow  account  adulterious  cohabitation,  minors'  title 466 

Reimbursement  claim,  case  to  Finance  Division  for 162 

Duplicate: 

Certificate,  now  called  reissue,  in  lieu  of  lost 273 

Copy  of  correspondence  with  District  of  Columbia  to  be  inclosed 311 


INDEX.  141 

Duties  of:  Section. 

Abandoned  files 21 

Admitted  files 20 

Army  and  Navy  Division 13 

Assistant  chief  clerk 7 

Board  of  Review 9 

Certificate  Division 16 

Chief  clerk 6 

Civil  War  Division 14 

Disbursing  Division 18 

Finance  Division 17 

Law  clerk 8 

Law  Division - 11 

Mail  and  Supplies  Division 19 

Medical  Division 10 

Messengers 42 

Record  Division 15 

Special  Examination  Division 12 

Duty,  line  of 136 

Definition  of 434 

Record  of  treatment  of  injury  in  service  not  sufficient  to  show 441 

E. 

Election: 

Claims  under  different  laws 137-144 

Right  of 67b,  93 

When  pensioner  entitled  to 144 

Employees : 

Appeal  through  chief  only 239d 

Death  of,  to  be  reported 45 

Government,  prohibited  from  acting  as  attorneys 404 

Inquiries  addressed  to,  to  be  referred  to  proper  official 295 

Not  admitted  before  8.30  or  after  4.30 24 

Not  to  advise  claimants 31 

Not  to  contract  debts  on  strength  of  official  position 37 

Only,  to  be  entrusted  with  papers  from  files 30 

Payment  of 36 

Prohibited  from  giving  out  information 28,  32 

Solicitation  of  money,  political  purposes,  prohibited 40 

Superfluous  force  must  be  reported  to  chief  clerk 23 

Enclosure: 

Correspondence  with  District  of  Columbia,  duplicate  copy  of 311 

May  be  returned  through  Law  Division 319 

Endorsements  on  jackets: 

Initials,  date,  and  division  required 317 

To  be  clear 317 

Enlistments,  volunteer  organizations,  Civil  War,  date  of 73 

Entertaining  visitors  prohibited  in  court  and  corrid ors 23 

Envelope,  penalty  not  to  be  furnished 43a 

Erasures: 

Certified  to  by  officer. 503 

Interlineations  and  underscoring  not  allowed  in  correspondence 294 

Prohibited  in  correspondence 300 

Prohibited  on  face  brief...  178 


142  INDEX. 

Error:  Section. 

In  certificate,  correction  of,  case  to  be  treated  as  special 271 

In  certificate  jacket,  correction  of  by  Certificate  Division  only 272 

Errors,  face  brief,  charged  to  examiner 182 

Establishment: 

Clearance  service 332 

Begular 135 

Estimates,  appropriations  for: 

Bureau 6 

Payment  of  pensions 17 

Evidence: 

Abstract  of  furnished  by  Law  Division 11 

All  required  to  be  included  in  official  calls  in  cases 304 

As  to  divorce 457 

Briefed  properly  if  referred  to  Law  Division  for  opinion 398 

Called  for  must  be  furnished  within  90  days 379 

Calls  for,  not  to  be  made  on  disqualified  attorneys 365 

Commissioned  officer  still  in  service,  certificate  accepted 436 

Cumulative  not  required 91 

Date  of  birth  of  children,  order  of  value 459 

Execution  of  before  officer  who  is  attorney  not  considered 500 

Guardianship,  Finance  Division  to  obtain 261 

Imperfectly  executed,  to  be  returned  for  correction 409 

In  rejected  cases  to  be  disposed  of  by  face  brief  action 318 

Medical,  required  in  disability  claims  act  of  May  11,  1912 96 

Marriage,  order  of  value 453 

Medical,  required  in  disability  from  disease 437 

Nature  of  required  in  claims  disability  from  wounds  or  injury 435 

Not  to  be  executed  before  attorney 388 

Not  to  be  filed  in  claims  without  proper  consideration 318 

Origin,  claimant  unable  to  furnish,  claim  to  be  rejected 63f 

Receiving  stamp  of  Mail  and  Supplies  Division  required  on  all 59b 

To  follow  case 325 

Wilful  withholding  by  attorney  to  be  reported  to  Secretary 375 

Witnesses  to  state  whether  interested  in  prosecution  of  claim 501 

Examination: 

Certificates  of  disability,  permission  for 288 

Examining  surgeon's  certificates  not  permitted  in  admitted  cases 286 

Examination,  special: 

And  reference,  contesting  claims 232 

Cases  in  field  for,  permits  in 225 

Claim  under  subsequent  act  to  be  completed  if  earlier  claim  in  field 227 

Claimant's  statement  in  invalids'  or  survivors'  claims 221 

Identity  cases 220 

Index  sheets  to  be  prepared  in  Special  Examination  Division 219 

Invalid  claims  not  to  be  referred  unless  ratable  degree  disability  shown...  224 
Marital  history  to  be  contained  in  claimant's  statement  before  special  ex- 
aminer   221 

Medical  questions,  instructions  for  by  medical  referee 61j 

Reports  of  special  examiners  as  to  fraud,  to  Law  Division 223 

Requests  for,  by  whom  made 218a,  218b 

Requests  for,  to  be  approved  by  commissioner 218c 

When  original  claim  in  field  for,  subsequent  claim  to  be  forwarded  for 

consolidation ...  226 


INDEX.  143 

Section. 

Examinations,  medical 61a-71c 

Act  of  May  11,  1912,  disability  claims 95,  98 

Care  to  be  observed  not  to  order  unless  actually  required 61e 

Civil  surgeons 61g 

Date  of  to  be  given  in  index  sheets 219 

Home  examinations — • 

Order  to  be  revoked  in  case  death  of  applicant 61h 

Inability  to  report  before  board 61m 

In  claims  for  increase 64b 

Not  to  be  made  by  medical  referee  or  bureau  surgeon 61d 

Not  to  be  ordered  if  claimant  in  receipt  maximum  rate  for  pensioned  dis- 
ability   64c 

Not  to  be  ordered  until  medical  testimony  considered  by  medical  referee.  64g 

Order  for  reopens  rejected  increase  claim 64k 

Order  not  to  issue  for  new  disability  until  legally  approved 61f 

Order  of  in  rejected  cases 611 

Ordered  in  Medical  Division 61b 

Orders  for  not  to  be  issued  in  certain  cases 97 

Report  to  be  obtained  from  War  or  Navy  Department  before  ordering 61a 

Surgeons'  certificates  not  permitted  in  rejected  cases  after  three  months..  287 

Test  examination 61i 

Testimony — • 

Medical,  required  in  certain  cases  before  ordering 64f 

Medical,  required  in  second  application  for  increase  when  prior  is 

pending 64e 

To  cover  all  disabilities  found 61k 

Examiner,  special: 

Official  communications  of,  addressed  to  Commissioner  of  Pensions 39 

Presence  or  absence 'of  comrades,  case  not  to  be  returned  on  review  for,  if 

testimony  before 231 

Reports  of,  in  criminal  cases  not  to  be  inspected 284 

Subpoena 57 

To  return  completed  claims 228 

To  return  papers  in  case  death  claimant 230 

Examining  surgeons: 
Certificates — 

Copying  of  prohibited 285c 

Examination  of,  not  permitted  in  rejected  cases  after  three  months  or 

in  admitted  cases 286,  287 

Persons  permitted  to  examine 285b 

Correspondence  with,  in  name  medical  referee 296 

Inspection  of  certificates  of 285 

Testimony  of 62 

Execution: 

Affidavits 416 

Articles  of  agreement,  not  proper  attorney  advised 392 

Declaration  before  attorney  vacates  right  of 499 

If  on  date  of  muster  out 58 

Declarations 416 

Evidence  before  officer  who  is  attorney  not  considered 500 

76704°— 15 10 


144  INDEX. 

Expense:  Section. 

Incurred  by  attorney,  reimbursement  from  claimant,  when  allowed 377 

Involved  in  correspondence  with  foreign  countries,  through  Special  Exami- 
nation Division 314 

Last  sickness  and  burial,  bills  for 157, 495 

Expressions  used  in  office  parlance  not  to  be  used  in  official  correspondence 292 

F. 

Face  brief: 

Act  May  11,  1912,  when  reopened 99 

Action,  evidence  in  rejected  cases  to  be  disposed  of  by 318 

Age  and  date  of  birth  on,  under  acts  February  6,  1907  and  May  11,  1912. .  68d 

Cancellation  of 187 

Date  of  birth  on,  and  in  letter  of  rejection  in  certain  cases 88 

Examiner  and  reviewer  must  check  all  entries  on 182 

Guardian,  name  of  to  appear 262 

Name  of  vessel  to  be  entered  on 266 

Removal  of,  prohibited 186 

Separate,  required  for  each  claim  submitted 181 

Fact,  mistake  of,  recovery  on  account  of 154, 488 

Failure  to  claim: 

Declaration  for  renewal 482 

Renewal  if  dropped  account  of 450 

Facsimile: 

Signature  of  commissioner  stamped  in  division 316a 

Stamps,  charge  of  to  certain  persons 316b 

Father,  dependent,  proof  required 476 

Fee: 

Accrued  pension ICO,  378 

Amount  and  when  payable  by  claimants 514 

Attorneys',  table  of : 513 

Cases  in  which  none  allowed 515 

Certified  copies 507 

Claims  of  dependent  parents 481 

Erroneously  certified,  to  be  refunded 402 

Full,  to  be  paid  on  first  issue 384 

Greater  than  authorized ,  to  be  reported  for  disbarment 376 

Not  allowed  guardians  who  prosecute  claims  of  wards  as  attorneys 369 

Notice  of  issue  to  claimants  only  when  allowed 269 

Required  in  calls  for  information  from  private  institutions 310 

Suspended  attorney  entitled  to,  in  claims  completed  prior  to  suspension  . . .  362 
Title  to,  attorney,  not  to  be  considered  after  one  year  from  date  issue 

certificate 370 

Withheld  if  articles  of  agreement  defective 397 

Fees,  attorneys,  table  of 513 

Female  clerks  not  admitted  to  fourth  floor 26 

Field: 

Cases  in  for  special  examination,  permits  in 22-5 

Original  claim  in  for  special  examination,  subsequent  claims  to  be  for- 
warded for  consolidation 226 

File  slips,  on  issue  of  certificates  sent  to  adjudicating  divisions 270 

Files,  papers  from,  entrusted  to  employees  only , .  30 

Filing: 

Appeals 235 

Carbon  copies  in  cases,  latest  one  on  top 309 

Evidence,  not  without  proper  consideration 318 


INDEX.  145 

Section. 

Final,  adjudication,  when  reached 137 

Finance  Division: 

Administrative  examination  made  in 17 

Calls  relative  to  payments  to  be  made  on 163 

Cases  from,  to  be  sent  direct  to  adjudicating  division  if  claim  pending 341 

Certificates  to  be  sent  to 267 

Duties  of 17, 160 

Guardianship  cases,  evidence  of  appointment  obtained  and  certificate  of 

payment  to,  by 261,  265 

Notice  of  dropping  prepared  in ]55 

Refundments  to  be  forwarded  to 150 

Requisitions  on  Treasurer  of  the  United  States,  made  in 17 

To  obtain  evidence  of  guardianship 261 

Vouchers,  preparation  of,  in 17 

First  payments,  $500  or  more,  to  commissioner 5 

Force,  messenger,  distribution  of • 41 

Foreign  countries: 

Correspondence  with,  if  expense  involved,  through  Special  Examination 

Division 314 

Mail  for,  to  Mail  and  Supplies  Division  for  postage 308 

Form,  general,  of  official  letters 303 

Former: 

Husbands,  service  of  if  any  must  be  shown  in  widows'  claims 229,  328,  329 

Wife,  minors  by,  increase  account  of  payable  to  widow 461 

Forms: 

Approval,  applicant  receiving  higher  rate  under  other  laws 138 

Articles  of  agreement 390 

Blank,  of  declarations,  to  be  furnished  claimants 417 

Letter  advising  claimant  as  to  action 139, 140 

Letter,  if  rejected  because  claimant  receives  same  or  greater  rate 93 

Letter  of  rejection  when  applicant  not  reached  beneficial  age 92 

Sample,  of  declarations,  to  be  furnished  attorneys 417 

Fourth-class  postmasters,  not  authorized  to  administer  oaths  for  general  pur- 
poses   408 

Fourth  floor,  female  clerks  not  to  be  admitted  to 26 

Fraud: 

Accrued  pension  not  payable  in  case  of 154 

Communications  alleging  or  violation  of  law,  to  Law  Division 43b,  54a 

Names  dropped  upon  approval  by  Secretary 155 

Probability  of,  in  claims,  reference  to  Law  Division 222 

Recovery  on  account  of -. 488 

Reports  of  special  examiners  as  to,  to  Law  Division. 223 

Friend,  next,  of  minors,  prosecution  of  claim  by 467 

Functions  of  divisions > - 9-21 

Furlough,  time  of,  not  to  be  deducted  if  returned  from 72 

Future: 

Increase  on  account  of  age,  act  of  May  11,  1912,  to  be  shown  in  certificates.  80 

Rights,  pensioner  to  be  advised  of,  when  claim  rejected  account  age 91c 

G. 
General  delivery: 

Not  accepted  unless  no  other  address  available 216a 

When  may  be  accepted 217 


146  INDEX. 

Section. 

General  law,  officers  under,  rates  for 414 

Glass,  broken,  disposition  of 34 

Government  Hospital  for  the  Insane,  pensions  of  inmates 489-492 

Graves,  headstones  for,  application  for,  where  filed 512 

Greater  rate,  claims  (act  of  May  11,  1912),  rejected  if  applicant  pensioned  at, 

other  laws 87 

Guardian: 

Change  of,  does  not  affect  status  of  attorney 374 

Minors — 

Payment  only  to 467 

Prosecution  of  claim  by 467 

Name  on  face  brief 262 

Payment  to  be  made  to 263 

Widow  as,  no  payment  to  if  dropped  under  act  of  August  7,  1882 265 

Who  prosecutes  claim  of  ward  as  attorney,  fee  not  allowed  to 369 

Guardianship 261--265 

Biennial  report  required 264 

Letters  called  for  in  Finance  Division  and  not  in  adjudicating  divisions...  261 

H. 

Handwriting: 

Signature,  tracing  of,  for  comparison  with  in  identity  cases 322 

Witness,  affidavit  of  surgeon  or  physician  to  be  in 504 

Headstones,  graves,  applications  for,  where  filed 512 

Helpless  children: 

Briefing  of  claims  for 205 

Increase  for  not  to  be  allowed  in  special  acts  of  widows  unless  provided  for. .  65 

Not  entitled  unless  disability  existed  prior  to  16  years  of  age 468 

Over  16  years  of  age  at  soldier's  death,  no  title 469 

Title  of  under  act  of  June  27,  1890 468 

Higher  rate: 

Form  of  notice  in  case  of 140 

If  in  receipt  of  under  other  law,  claim  under  act  of  May  11,  1912,  should 

be  rejected 87 

To  be  given  if  information  warrants  under  act  of  May  11, 1912 94 

Under  other  laws,  form  of  approval  in  case  applicant  receiving 138 

History: 

Marital,  to  be  in  claimant's  statement  before  special  examiner 221 

Military-medical,  invalid  claims .' . . .  63a 

Home  examinations,  medical 61h 

Home,  United  States  military  or  naval,  correspondence  to  be  addressed  to 

official  head '. 312 

Honorable  discharge,  act  of  July  1,  1902 443 

Hours: 

Admission  of  employees , 24 

Work 22 

Husband: 

Former,  service  of  must  be  shown,  if  any,  claims  of  widows 229 

If  a  pensioner  widow  not  required  to  show  other  service 148 

I. 

Identity 322 

Special  examination  as  to 220 

Imprisonment,  payment  of  invalid  pensions  to  wife  in  case  of  (act  Aug.  8, 1882) . ,  493 


INDEX.  147 

Increase:  Section. 

Act  of  Mar.  19,  1886,  to  be  noted  on  reissue  certificates 274 

Act  of  Mar.  2,  1895,  to  be  noted  on  reissue  certificates 274 

Act  of  May  11,  1912— 

Considered  if  beneficial  age  reached  within  three  months 90a 

Considered  receipt  information  any  source  pensioner  reached  beneficial 

age 94 

If  not  entitled  within  three  months,  memorandum  to  be  kept 90b 

To  be  considered  upon  request  from  pensioner 89a 

Applications  direct  from  Law  Division  to  adjudicating  divisions 55b 

Prompt  consideration  of 64b 

Automatic  (act  of  May  11,  1912) 448 

Briefing  of  claims  for 194, 195 

Declarations  for 449 

Disability,  to  commence  from  date  of  filing  declaration  under  act  of  May  11, 

1912 86 

Indian  wars  survivors  (act  of  Feb.  19,  1913) 131 

Medical  examination  in  claims  for 64b 

Not  ordered  if  in  receipt  maximum  rate 64c 

Medical  testimony  in  applications  for  renewal 64d 

Required  if  pensioner  receiving  $17  to  $24 64h 

Minor  and  helpless  children,  not  to  be  allowed  in  special  acts  of  widows 

unless  provided  for , 65 

New  disability  not  alleged  of  service  origin,  to  be  ignored 66 

No  examination,  case  of  death  of  applicant,  case  rejected 641 

On  account  of  age,  future  (act  of  May  11,  1912) 80 

Rejected  claim  reopened  if  medical  examination  ordered  therein 64k 

Renewal  and,  under  sections  4692  and  4693,  Revised  Statutes 143 

Second  filed  before  prior  one  disposed  of 64e 

Submission  of  to  board  of  review 64a 

Incurrence : 

Death  or  disability  prior  to  Mar.  4,  1861,  law  relative  thereto  and  date 

commencement  of  pension 427 

Disability  in  service  (act  of  May  11,  1912) 446 

Index  sheets: 

Prepared  in  Special  Examination  Division 12,  219,  226 

To  contain  date  of  medical  examination 219 

Indian  soldiers,  widow*,  marriage 455 

Indian  wars: 

Briefing  claims  account  of 211 

Certificate  as  to  service,  State  of  Texas 130 

Service,  pensions  account  of 421-423 

Survivors,  increase  to  $20 131 

Indorsements.     (See  Endorsements.) 
Information: 

Calls  for  from  private  institutions,  if  fee  required 310 

Employees  prohibited  from  giving  out 28 

For  press 28 

Initials: 

And  date  in  indorsements  on  jackets,  required 317 

Authors,  must  appear  on  all  communications  from  bureau 49,  300 

Injuries: 

Disability  from,  nature  of  evidence  required 435 

Line  of  duty,  record  of  treatment  not  sufficient 441 


148  INDEX. 

Inmates:  Section. 

Government  Hospital  for  Insane,  pensions  of 489^92 

Soldiers'  Home,  addresses  to  contain  service 299 

Inquiries: 

Addressed  to  employees,  referred  to  proper  official 295 

Prompt  answers  required  in 289,  291 

Without  data,  to  be  returned 43a 

Insane: 

Government  Hospital  for,  pensions  of  inmates  of 489-492 

Invalid  pensioner,  payment  to  wife 493 

Inspection: 

Confidential  communications  and  reports,  special  examiners  in  criminal 

cases,  prohibited 284 

Examining  surgeons'  certificates 285 

Papers 284-288 

Institutions,  private,  calls  for  information  from,  if  fee  required 310 

Instructions: 

Chiefs  of  division,  to  be  in  writing 47,  48 

Letter  of,  in  special  investigations,  to  be  prepared  with  carbon 50 

Special  examination  of  medical  questions,  by  medical  referee 61  j 

Interest,  in  prosecution  of  claim,  witnesses  to  state 501 

Interior,  Secretary  of,  names  dropped  from  roll  upon  approval  of 155 

Interlineations: 

Certified  to  by  officer 503 

Erasures  and  underscoring  not  allowed  in  correspondence 294,  300 

Intricate  questions  of  law  to  attention  of  commissioner 5 

Invalid  claims: 

Military  and  medical  history 63a 

Original,  practice  in 63 

Special  examination,  not  referred  unless  ratable  degree  disability 224 

Invalid  pensioner,  insane,  payment  to  wife 493 

Investigations,  special,  letter  of  instructions  to  be  prepared  with  carbon 50 

Issuance,  of  supplies 44 

Issues: 

Notice  of  given  claimants  only  when  fee  allowed 269 

Original  or  reissue 68al,  all 

J. 

Jackets  and  endorsements 317 

Jackets: 

Certificate,  no  change  in  except  in  Certificate  Division 272 

Endorsements,  date,  initials,  and  division  required 317 

on  to  be  clear 317 

Mutilated,  to  be  replaced  by  new 317 

Joint  resolution  of  May  29,  1830:    Meritorious  cases  not  allowable  under  law, 

referred  to  Congress 281a 

Joint  resolution  of  July  1,  1902: 

Amending  act  of  June  27,  1890,  honorable  discharge 443 

Applicable  widows'  claims  under  acts  of  June  27,  1890,  and  April  19,  1908.  464 

Claims  under 101-104 

Joint  resolution  of  June  28,  1906,  amending  act  of  June  27,  1890 443 

Justices  and  notaries 405-408 

Calls  for  information  as  to  official  character  of  officers  to  be  on  Law  Division  407 
Certificates  of  official  character  of  officer  covering  date  execution  only,  not 

to  be  detached..,  406 


INDEX.  14.9 

L.  Section. 

Laches,  attorneys  dropped  account  of 379 

Land,  bounty,  communications  as  to,  to  Army  and  Navy  Division 54b 

Last  sickness  and  burial,  :eimbursement 495 

Law: 

Authorizing  leaves  of  absence 415 

Certified  copies  all  pension,  filed  in  Law  Division 278 

Declaration,  recording  under  proper 52 

Intricate  questions  of,  to  Commissioner 5 

Law  clerk,  duties  of 8 

Law  Division: 

Abstracts  of  evidence  furnished  by '. 11 

Act  of  March  3,  1899,  division  of  pension,  under 11 

Application .  for  increase,  direct  from,  to  adjudicating  division 55b 

Certified  copies  all  pension  laws,  filed  in 278 

Communications  as  to  fraud  or  violation  of  law  to 43b,  54a 

Contesting  claims,  reference  of ,  to 232 

Criminal  matters,  and  recovery  by  civil  action,  charge  of 11 

Declarations,  defective,  doubtful,  or  indefinite,  correspondence  as  to,  by. .  60b 

Division  of  pension  in  charge  of 11 

Duties  of 11, 156, 162,  218,  280 

Execution  of  documents,  imperfect  to 409 

Keep  record  of  official  character  and  signature  of  officers 11 

Official  character,  notaries  and  justices,  calls  for,  on 405-407 

Oral  arguments  before,  by  attorneys,  not  permitted 395 

Original  applications  from,  to  Record  Division 55a 

Public  acts  promulgated  by 278 

Reference  of  special  acts  to 275 

Reference  to,  claims  probability  of  fraud  in 222 

Reports  of  special  examiners  as  to  fraud,  to 223 

Return  of  papers  through. 319 

Status  of  attorneys  obtained  from 347 

Validity  and  sufficiency  of  declarations  passed  upon  by 11,  55a,  60a 

Leaves  of  absence,  laws  and  rules  governing 415 

Legality,  marriage  according  to  locality 454 

Legislation,  prospective,  or  proposed,  report  on  by  Law  Division 11 

Legitimacy,  children  born  prior  to  marriage 460 

Length  of  service: 

Act  of  May  11,  1912,  deductions 72 

Time  in  hospital  or  absence  account  self-inflicted  wound  to  be  deducted. .  72 
Letters: 

Alleging  fraud,  to  Law  Division 43b 

Circular,  not  to  be  used  in  corresponding  with  departments 294 

Form  of,  advising  claimant  as  to  action 139,  140 

Guardianship,  not  called  for  in  adjudicating  divisions 261 

Instructions  in  special  investigations  prepared  with  carbon 50 

Official,  general  form  of 303 

Official,  spacing  of 303 

Rejection,  form  used  when  applicant  not  reached  beneficial  age 92 

Library,  history  of  organization  from,  in  identity  cases  for  special  examination.  220 

Limbs,  artificial,  applications  for,  where  filed 511 

Limit,  time  for  appeal,  30  days  in  contested  claims 242 

Limitation,  as  to  disloyalty,  removal  of 443 


150  INDEX. 

Line  of  duty:  Section. 

Definition  of 434 

Presumption  of 136 

Record  of  treatment  of  injuries  in  service  not  sufficient  to  show 441 

Locality,  legality  of  marriage  according  to 454 

Loitering,  prohibited 23 

Lost  certificates,  reissues  in  lieu  of 273,  274 

Lost  checks,  correspondence  as  to,  to  be  in  name  disbursing  clerk 296 

Loyal  States,  date  of  enlistments  in 74 

Lunches,  refuse  from,  disposition  of 34 

Lunch  hour 22 

M. 

Machines,  typewriting: 

To  be  reported  to  Mail  and  Supplies  Division 46a 

Transfer  of 46b 

Mail: 

Foreign,  to  Mail  and  Supplies  Division  for  postage 308 

Registered,  name  of  county  to  be  given  in  address 302 

Valuable,  addresses  care  another  person  not  accepted 216b 

Mail  and  Supplies  Division: 

Calls  for  marriage  circular  thereon,  on  Form  3-416 43c 

Duties  of 19, 43a,  44,  46 

To  receive  and  stamp  all  papers 59b 

Mailing  check,  when  constitutes  payment 497,  498 

Maine,  battleship,  pension  account  destruction  of,  not  to  commence  prior  to 

February  16 ,  1899 134 

Marital  history,  claimant's  statement  before  special  examiner  to  include 221 

Marriage: 

Children  born  prior  to,  legitimate  if  acknowledged  by  father 460 

Date  of,  in  claims  act  of  June  27,  1890,  and  April  19,  1908 462 

Divorce,  guardianship,  and,  under  charge  of  Law  Division 11 

Evidence,  order  of  value 453 

Legality  of,  according  to  locality 454 

Prior,  proof  as  to 456 

Proof  of 453 

Question  of,  by  whom  determined 239 

Subsequent  to  March  3,  1899 458 

Widows,  colored,  and  Indian  soldiers,  section  4705,  Revised  Statutes 455 

Widows  prior  to  June  27,  1890 462 

Marriage  circular,  calls  for,  on  Mail  and  Supplies  Division  on  Form  3-416 43c 

Maximum,  rate,  medical  examination  not  to  be  ordered  if 64c 

Meaning,  "construed "  as  used  in  section  4701,  Revised  Statutes 77 

Medical  Division: 

Duties  of 10, 155b 

Orders  medical  examinations  issued  in 61b,  63b 

Medical: 

Evidence — 

Required  in  disability  claims,  act  May  11,  1912 96 

Required  in  disability  from  disease 437 

Testimony— 

In  applications  for  renewal  and  increase 64d 

Required  in  certain  cases  before  ordering  examination 64f 

Required  in  increase  claims  if  pensioner  receiving  $17  to  $24 64h 

To  be  considered  by  medical  referee  before  ordering  examination 64g 


INDEX.  151 

Section. 

Medical  examination 61 

Care  observed  not  to  order,  unless  required 61c 

Civil  surgeons 61g 

Date  of,  to  be  given  in  index  sheets 219 

Disability — 

Act  May  11,  1912 95,98 

When  not  necessarily  permanent,  to  be  noted  for  another 61o 

Home  examination,  order  canceled  if  claimant  dies  before 61h 

Inability  to  report  before  board 61m 

In  claims  for  increase 64b 

Not  ordered  if  maximum  rate 64c 

Not  to  be  made  by  medical  referee  or  bureau  surgeon 61d 

Notice  of,  and  calls  for  evidence,  not  to  be  sent  to  disqualified  attorneys. .  365 

Order  for,  reopens  rejected  claim  for  increase 64k 

Order  not  to  issue  for  new  disability  until  legally  approved 6 If 

Orders  for,  in  Medical  Division 61b 

Orders  for,  in  rejected  cases 611 

Orders  for,  not  to  be  issued  in  certain  cases 97 

Rejected  certificates  of,  not  to  be  filed  in  brief 61n 

Report  War  or  Navy  Department  obtained  before  ordering 61a 

Second,  order  for,  before  different  board 61c 

Test  examination 61i 

To  cover  all  disabilities  found 61k 

Medical  questions,  instructions  for  special  examination   f ,  by  medical  referee. . .  61j 

Medical  referee: 

Action  on  face  brief  in  reopening  rejected  cases 183, 184 

Consideration  of  medical    testimony    by,  before    medical    examination 

ordered 64g 

Correspondence  with  examining  surgeons  to  be  in  name  of 296 

Duties  of 10, 155b,  218 

Instructions  for  special  examination  of  medical  questions  by 61j 

Or  bureau  surgeon,  medical  examination  not  to  be  made  by 61d 

Question  as  to  ratable  disability,  to 63c 

Ratable  degree  of  disability  determined  by,  in  invalid  cases  before  special 

examination 224 

When  claims  under  sections  4692  and  4693,  Revised  Statutes,  to  be  re- 
ferred to 142 

Medical  survey,  not  open  to  inspection 288 

Member  of  Congress: 

Name  on  face  brief 179, 183c 

Notification  of  action  only  in  cases  called  up  by 290 

Notified  rejection  if  still  in  office  and  claim  called  up  by 234 

Prompt  answer  required  in  calls  by 289 

Soliciting  assistance  of,  by  attorneys  subject  to  disbarment 360,  361 

Memorandum  to  be  kept,  if  claimant  act  May  11,  1912,  not  entitled  within  I  hree 

months 90b 

Merit,  promotions  based  on,  only 33 

Messages,  private,  use  of  telephone  for,  prohibited 38 

Messengers: 

Distribution  of 41 

Duties  of 42 

Mexican  War: 

Briefing  of  claims  account  of 210 

Service  pensions,  provisions  of  law  relative  thereto 424,  426 


152  INDEX. 

Section. 

Military  and  medical  history,  invalid  claims 63a 

Military  or  naval  home,  correspondence  addressed  official  head 312 

Minor,  and  helpless  children,  increase  for,  not  to  be  allowed  in  special  acts  of 

widows  unless  provided  for 65 

Minor  brothers  and  sisters,  dependent,  proof  required 477 

Minor  children: 

Briefing  claima  for 204 

Order  of  value  of  evidence 459 

Minors: 

By  former  wife,  increase  account  thereof,  payable  to  widow 461 

Claim  of,  prosecuted  by  next  friend,  or  guardian 467 

Payment  only  to  guardian 467 

Title  if  abandoned  by  widow  or  her  name  dropped  account  of  adulterous 

cohabitation 466 

Title  of,  under  act  of  May  9,  1900 466 

Title  under  act  of  June  27,  1890 466 

Title  under  sections  4702  and  4703,  Revised  Statutes,  general  law 465 

Misstatement  of  age,  fefundment  account  of 152, 153 

Mistake  of  fact,  recovery  on  account  of 154,  488 

Money,  solicitation  of,  from  employees  prohibited 40 

Money  orders  or  drafts,  refundments  and  recoveries  to  be  by 149 

Monthly  reports,  chiefs  of  division  to  make 53a 

Mothers: 

Dependent,  requirements  in  claims  of 471-475 

Service  of  former  husbands  must  be  shown 229,  329 

Motion,  reconsideration  in  appeals 251 

Motions  to  reconsider  rulings  and  decisions  of  Law  Division  not  to  be  enter- 
tained    396 

Muster  out,  declaration,  if  executed  on  date  of 58 

Mutilated  jackets  to  be  replaced  by  new 317 

N. 

Name: 

Change  in,  claim  to  be  referred  to  Record  Division 327 

Commissioner,  correspondence  to  be  conducted  in 296 

County,  to  be  given  in  address,  registered  mail 302 

Guardian,  to  appear  on  face  brief 262 

Vessel,  to  be  given  in  certificates  in  Navy  cases 266 

Names: 

And  addresses  of  comrades 320 

Dropped  from  roll  upon  approval  Secretary 155 

Pensioners,  certified  copies  to  be  furnished 507 

Subagents  and  correspondents,  attorneys  required  to  state  all 371 

Naval  or  military  home,  correspondence,  addressed  official  head 312 

Navy: 

Allowances,  10  and  20  years'  service 451 

Cases,  certificates  in,  to  contain  name  of  vessel 266 

Service  in,  Civil  War,  when  considered 76 

Navy  Department: 

Report  obtained  in  Navy  cases  before  ordering  medical  examination 61a 

Reports  from 68b 

Neatness  and  order  observed  regarding  desks 24 

Neglect,  prosecution  of  claim  for  one  year  held  as  abandonment  by  attorney 380 


INDEX.  153 

New  disability:  Section. 

In  increase  claims,  not  alleged  of  service  origin,  ignored . . .  ,* 66 

Requirements  as  to,  in  declaration 59a 

When  not  considered 66,  67 

Newspapers  and  books,  reading  of  prohibited 23 

Next  friend,  minors,  prosecution  of  claim  by 467 

Ninety  days,  allowed  attorney  in  rejected  cases  to  ask  for  reconsideration 382 

No  disability,  rejection,  if  not  ratable 63e 

Notaries  and  justices 405-408 

Calls  for  information  as  to  official  character  of  officers  to  be  on  Law  Division .       407 
Certificates  of  official  character  of  officer  covering  date  execution  only,  not 

to  be  detached 406 

Certificates  of  official  character  to  Law  Division 405 

Notation : 

Benefits,  act  of  March  2, 1895,  on  brief,  when  given 64i,  64j 

Death  to  be  made  in  ending  original  claims 56 

Disability,  when  not  permanent,  for  further  medical  examination. .-. 61o 

Notice: 

Appeal — 

Consideration  in  bureau  after 259 

To  all  parties  in  interest 242 

Before  dropping  suspension,  requirements  as  to 485-487 

Decision,  appeal,  claim  for  division  of  pension 252-256 

Of  issue,  given  to  claimant  only  when  fee  allowed 269 

30  days',  to  be  given  attorneys  dropped  on  account  of  laches 379 

To  attorney  of  action  of  rejection 382 

Notification : 

Claimant  and  attorney,  in  rejected  claims 233 

Members  of  Congress  of  action  only  in  cases  called  up  by 290 

Rejection,  Members  of  Congress  still  in  office  and  called  up  by  shall  be  ad- 
vised       234 

Nurse,  service  of  husband,  if  any,  required 329 

Nurses,  Army,  Act  of  August  5,  1892 484 


Oath,  judicial  officers  using  a  seal  not  to  be  under 505 

Oaths,  rural  free-delivery  carriers  not  authorized  to  administer  for  general  pur- 
poses   408 

Office  parlance,  expressions  used  in,  not  allowed  in  official  correspondence 292 

Officers: 

Certificate  required  as  to  erasures  and  interlineations 503 

Certificate  required  as  to  credibility  of  witnesses 502 

Commissioned,  in  service,  certificate  accepted 436 

Correspondence  with  consular,  to  be  through  State  Department 313 

Judicial  using  a  seal  not  to  be  under  oath 505 

Record  of  official  character  and  signature  kept  by  Law  Division 11 

Under  general-law  rates  for 414 

United  States,  prohibited  from  acting  as  attorneys 359,  404 

Official  calls,  all  evidence  required  to  be  included  in 304 

Official: 

Character,  notaries  and  justices,  calls  for  on  Law  Division 407 

Communications 49-57 

From  bureau  initialed  personally  by  author 300 

Of  special  examiners  to  be  addressed  to  commissioner 39 


154  INDEX. 

Official — Continued.  Section. 

Expressions  used  in  "office  parlance"  not  to  be  used  in  correspondence 292 

Inquiries  addressed  to  employees,  referred  to  proper 295 

Officials,  soliciting  assistance  of,  by  attorneys  subject  to  disbarment 360,  361 

Order: 

Medical  examination — 

Not  to  issue  if  maximum  rate 64c 

Not  to  issue  in  certain  cases 97 

Not  to  issue  new  disability  until  legally  approved 61f 

Not  to  issue  unless  required 61e 

To  be  issued  in  Medical  Division 61b 

Regular,  claims  not  taken  out  upon  request  of  attorney,  except  for  good  cause .  373 

Second  medical  examination,  before  different  board 61c 

Order  of  value: 

Evidence  as  to  marriage 453 

Evidence,  minor  children 459 

Organization  of  bureau 2-8 

Origin: 

Evidence  as  to,  if  testimony  of  surgeon  or  officer  not  available 438 

New  disability  in  claims  for  increase,  not  alleged  of  service  to  be  ignored  ...  66 

Rejection,  if  claimant  unable  to  furnish  evidence  of 63f 

Rejection,  if  disability  not  of  service 63b 

Original: 

Claims  pending,  death  in,  to  be  noted 56 

When  certificates  classed  as 68  al,  all 

Original  invalid  claims: 

Briefing  of 189-193 

Practice  in 63 

Original  of  papers  filed,  return  of  by  Law  Division 11 

Other  service: 

Declaration  of  applicant  aer  to 147 

Widow  not  required  to  show,  if  husband  a  pensioner 148 

Outside  parties,  discussion  of  business  of  bureau  with,  forbidden 32 

Overpayment,  payment  of  accrued  pension  not  to  be  made  in  cases  of 154 

P. 
Papers: 

Arrangement  of,  in  briefing  claims  in  different  classes  of  cases 170-214 

Copies  of 506-508 

Inspection  of 284-288 

Official- 
Entrusted  to  employees  only 30 

From  office  of  Secretary,  not  to  be  given  out  by  subordinate:^ 29 

Return  of 319 

By  special  examiner,  case  death  claimant 230 

Parents,  dependent: 

Present  dependence  only,  section  4707,  Revised  Statutes,  as  amended  by 

act  June  27,  1890 479 

Rank  governs  rate 480 

Parlance,  office,  expressions  used  in,  not  allowed  in  official  correspondence 292 

Parties,  all  in  interest  to  be  notified  of  appeal 242 


INDEX.  155 

Payment: 

Accrued  pension —  Section. 

Act  of  March  2,  1895,  relative  to 494 

Not  to  be  made  in  cases  of  overpayment 154 

Date  disability  ceased  to  govern  in  dropping  cases 155b 

Guardianship  cases,  to  be  made  to  guardian 263 

Insane  or  imprisoned  invalid  pensioner,  to  wife 493 

Minors,  only  to  guardian 467 

Salaries  of  employees , 36 

Widow  as  guardian,  none  if  dropped  from  roll  under  act  of  August  7,  1882 . .  265 

When  mailing  check  constitutes 497, 498 

Payments: 

Calls  relative  to,  to  be  made  on  Finance  Division 163 

First,  $500  or  more,  to  commissioner 5 

Penalty  envelope  not  to  be  furnished 43a 

Pending  claims: 

Count  of 330-343 

Definition  of 331 

Original,  death  in,  to  be  noted 56 

Pension: 

Accriied . .  1 56-162 

Not  allowable  in  cases  of  overpayment 154 

Reference  of  application  for 156 

Appeals  in,  and  bounty  land,  practice  in 240-257b 

Commencement  of,  account  destruction  battleship  Maine 134 

Division  of — 

Action  in  Law  Division  on  appeals 260 

Appeals,  notice  of  decision 252-256 

Pensionable  service,  drafted  men,  commencement  of,  act  of  May  11,  1912 79 

Pensioners: 

Addressee  of,  correspondence  as  to 296 

Deaths  of,  reported  to  Finance  Division 54d 

Election,  when  entitled  to 144 

Names  of,  certified  copies  to  be  furnished 507 

Widow  not  required  to  show  other  service  if  soldier  was 148 

Pension  laws,  certified  copies  of  all,  to  be  filed  in  Law  Division 278 

Permission  to  examine  certificates  of  disability 288 

Permits: 

Cases  in  field  for  special  examination • 225 

To  draw  pension  issued  by  Certificate  Division 16 

Personal  visits  during  office  hours  prohibited 25 

Personnel: 

Board  of  Review,  determined  by  commissioner 9 

Bureau  under  charge  of  chief  clerk 6 

Photostats 319 

Physician: 

Affidavit  of,  to  be  in  handwriting  of  witness 504 

Testimony  of  each,  required  as  to  continuance  of  disability 439 

tage: 

Amount  attorney  may  receive 393,  516 

Foreign  mail  to  Mail  and  Supplies  Division  for 308 

Returned  if  inclosed..                                                          315 


156  INDEX. 

Section. 

Postmasters,  fourth-class,  not  authorized  to  administer  oaths  for  general  pur- 
poses   408 

Post-office  addresses: 

Change  of 18 

Pensioners,  charges  for  furnishing 508 

To  include  street  and  number,  post-office  box,  or  rural  free-delivery  route.  216 

Witnesses,  including  street  and  number,  to  be  given 501 

Postoffice,  money-orders  or  drafts,  refundments  and  recoveries  to  be  by 149 

Power  of  attorney: 

Attorney  not  recognized  except  upon 357 

Claimant's  right  to  revoke 383 

Not  recognized  except  signed  by  claimant  in  presence  of  two  witnesses. . .  358 

Practice: 

Abandoned  claims 236, 237 

Original  invalid  claims 63 

Pension  and  bounty-land  appeals 240-257b 

Press,  information  for 28 

Presumption: 

Of  death,  act  of  Mar.  13,  1896 463 

Prior  soundness,  act  of  Mar.  3,  1895 :  . .  440 

Prima  facie,  statement  "no  other  service,"  in  declaraction .  to  be  accepted  as..  147 

Prior: 

Husband,  if  any,  service  of,  in  widows'  claims,  reference  of  to  Record 

Division 328 

Marriage,  proof  as  to 456 

Prior  soundness,  presumed,  act  of  Mar.  3,  1895 440 

Private: 

Institutions,  calls  for  information  from,  if  fee,  required 310 

Messages,  use  of  telephone,  prohibited 38 

Promotions,  based  upon  merit  only 33 

Prompt: 

Action,  in  cases  recalled,  from  Congress 280 

Answers  required  in  congressional  calls 289 

Answers  required  to  inquiries  for  status 291 

Proof: 

Of  disability  required  if  no  record  of 433 

Of  marriage 453 

Prosecution: 

By  claimant  in  person 418 

Minors'  claim  by  "next  friend"  or  guardian 467 

Neglect  for  one  year,  attorney  held  to  have  abandoned  claim 380 

Witnesses  to  state  interest  in 501 

Public  acts,  certified  copies  by  chief  clerk  to  Law  Division  for  filing 278 

R. 

Rank,  governs  rate,  dependent  parents 480 

Ratable,  disability: 

Invalid  claims,  not  to  be  referred  for  special  examination  unless  shown . . .  224 

Question  of,  to  medical  referee 63c 

Rejection  on  account  of  no,  and  new  disability  alleged 611 


INDEX.  157 

Rate:  Section. 

Automatic,  to  be  shown 

Form  of  approval  in  case  applicant  receiving  higher  rate  under  other  laws.  138 

Governed  by  rank,  dependent  parents 480 

Greater  under  other  laws,  claim  to  be  rejected  (act  May  11,  1912) 87 

Maximum,  if  claimant  in  receipt  of,  medical  examination  not  to  be  ordered.  64c 

Officers  under  general  law 414 

Raters'  section  in  Certificate  Division 16 

Rates: 

Tables  of 410-413 

Under  act  May  11,  1912 446 

Reading,  books  and  newspapers  prohibited '. 23 

Receipt,  date  of,  not  required  to  be  given  in  official  communications  from  . 

bureau 301 

Recognition: 

Attorney,  only  upon  power  of  attorney 357 

Of  attorneys 344,346 

Power  of  attorney,  not  unless  signed  by  claimant  in  presence  two  witnesses.  358 

Reconsideration : 

Claim  for,  90  days  allowed  attorney  in  which  to  file 382 

Motion  for,  in  appeals 251 

Rulings  and  decisions  of  Law  Division,  motion  for,  not  to  be  entertained. .  396 

Record: 

Calls  for,  on  filing  application 431 

Injuries,  treatment  in  service  not  sufficient  to  show  line  of  duty 441 

Origin,  if  none,  proof  required 433 

Record  Division: 

Chief  of,  to  sign  call  slips  where  no  claim  on  file 326 

Connected  claims,  cross  reference  of ,  by 328,  329 

Duties  of 15,  55a 

Duties  of,  with  reference  to  indefinite  declarations 60b 

Names  and  addresses  of  comrades  furnished  by 320 

Reference  of  claim  to,  if  any  change  in  name  or  service 327 

Recording  declaration  under  proper  law 52 

Records: 

Bureau,  copies  of,  when  furnished  and  charges  for 506 

War  Department,  additional  call  required  if  report  prior  to  1889 432 

Recoupment 487 

Recoveries  and  refundments,  required  to  be  by  drafts  or  post-office  money 

orders 149 

Recovery: 

Account  of  fraud  or  mistake  of  fact 488 

When  to  be  made  by  special  examiner 151 

Recovery  and  refundment 149-154 

Reference: 

By  Secretary  of  correspondence  entails  reply  through  his  office 306 

Claims  for  reimbursement 162 

Claims  under  sections  4692  and  4693,  Revised  Statutes,  to  medical  referee. .  142 

Communications 54 

Fraud,  probability  of,  to  Law  Division 222 

Inquiries  addressed  to  employees,  to  proper  official 295 

Special  acts  to  Law  Division 275 

Special  examination,  invalid  claims,  ratable  disability  shown  before 224 


158  INDEX. 

Refundment:  Section. 

Attorney's  fee  erroneously  certified 402 

When  age  misstated 152, 153 

Refundments: 

Deposited  with  Treasurer  of  United  States  and  auditor  advised 150 

Forwarded  to  Finance  Division 150 

Transmission  to  commissioner 149 

Refundments  and  recoveries,  required  to  be  by  drafts  or  post-office  money 

orders 149 

Refuse  from  lunches,  disposition  of 34 

Registered  mail,  name  of  county  to  be  given  in  address 302 

Regular  establishment: 

Definition  of 135 

Service  when  considered  in  Civil  War 75 

Regular  order,  claims  not  to  be  taken  out  of,  upon  request  of  attorney,  except 

for  good  cause 373 

Reimbursement: 

Amount  received  from  different  States  and  District  of  Columbia  to  be 

deducted  in  claims  for 157 

Bills  of  expenses  last  sickness  and  burial 495 

Claims  for  (act  Mar.  2,  1895)  to  Army  and  Navy  Division 13,  55c 

Death  of  pensioner,  case  to  Finance  Division  to  drop 162 

Expenses  last  sickness  and  burial 495 

Expenses  of  attorney,  when  allowed  from  claimant 377 

Reference  of  claims  for 162 

Reimbursement  and  accrued  pension 156-162 ;  494-496 

Reissue: 

Certificates,  increase  under  act  March  2,  1895,  noted  on 274 

Certificates  when  called 68al,  all 

In  lieu  of  lost  certificates 273, 274 

Rejected: 

Claim  to  be — 

When  claimant  unable  to  furnish  evidence  of  origin 63f 

When  no  disability  exists 63e 

Claims 233,  235 

Date  birth  to  be  noted  on  face-brief  in  certain  cases 88 

Evidence  in,  to  be  disposed  of  by  face-brief  action 318 

Examination  of  surgeons'  certificates  not  permitted  in,  after  three 

months 287 

Reopening  of,  disability,  act  May  11,  1912 99 

Under  act  of  May  11,  1912,  if  pensioned  equal  or  greater  rate  under 

other  laws 87,  93 

Increase,  order  for  medical  examination  reopens ._. 64k 

Rejected  certificates,  medical  examination,  not  to  be  filed  in  brief 61n 

Rejection: 

Account  of  age,  pensioner  to  be  advised  as  to  future  rights 91c 

Claimant  and  attorney  to  be  notified 233 

Death  of  claimant,  no  one  to  complete 161 

Form  used  when  applicant  not  reached  beneficial  age 92 

Increase,  if  no  examination  and  applicant  dies 641 

Letter  of,  to  contain  date  birth,  in  certain  cases 88 

Members  of  Congress  still  in  office  to  be  notified,  if  claim  called  up  by 234 

Ninety  days  allowed  attorney  to  file  for  reconsideration . 382 

When  account  no  ratable  disability  and  new  disability  alleged , . . . ,  611 


INDEX.  159 

Section. 

Relatives,  dependent,  title  of  under  section  4707,  Revised  Statutes 470 

Remarried  widows,  renewal  act  of  March  3,  1901 483 

Renewal : 

Act  of  March  3,  1901,  remarried  widows 483 

Declaration  failure  to  claim 482 

Widows,  section  4708  Revised  Statutes,  requirements  as  to 483 

Renewal  and  increase: 

Medical  testimony  in  claims  for 64d 

Under  sections  4692  and  4693,  Revised  Statutes 143 

Renewal  and  restoration,  section  4719  Revised  Statutes,  failure  to  claim 450 

Reopened,  rejected  increase  claims,  if  another  medical  examination  ordered.  .  64k 
Reopening: 

Act  of  May  11,  1912,  when  claimant  elects.. 93 

Briefing  and  action  in 183-185 

Change  in  practice  as  to  pensionable  service,  not  to  result  in,  in  claims  pre- 
viously adjudicated 78 

If  allowance  results  in,  reopening  another  claim  previously  rejected,  sub- 

nvssion  to  commissioner 215 

Name  of  Member  cf  Congress  on  face-brief 183c 

ft ejected  disability  claims,  act  of  May  11,  1912 99 

Report: 

Biennial,  of  guardian  required 264 

Death  of  employees  to  be  made 45 

Meritorious  claims  to  Congress,  act  of  May  29,  1830 281 

Typewriting  machines,  to  Mail  and  Supplies  Division 46a 

War  or  Navy  Department  to  be  obtained  before  ordering  medical  examina- 
tion    61a 

Reports: 

Chiefs  of  division  to  make  daily  and  monthly 53 

Special  examiners — 

As  to  fraud,  to  Law  Division 223 

In  criminal  cases,  and  confidential  communications,  not  to  be  in- 
spected    284 

Request,  attorney  that  claim  be  taken  out  of  regular  order  not  considered  except 

for  good  cause ". . .  373 

Requests: 

Blank  applications,  to  chief  clerk 55d 

Special  examination — 

By  whom  made 218a,  b 

To  be  approved  by  commissioner 218c 

Requisitions  on  Treasurer  of  United  States  made  in  Finance  Division 17 

Resolution,  joint,  of  May  29,  1830 281 

Restoration  and  reissue,  briefing  of  claims 197 

Restoration  and  renewal,  section  4719,  Revised  Statutes,  failure  to  claim 450 

Retired,  no  pension  for  service  in  Coast  Guard  while  on  list •    13 

Return: 

Communications  without  sufficient  data 43a 

Completed  claims,  special  examiner  to 228 

Papers  by  special  examiner,  case  death  claimant 230 

Postage  stamps/if  inclosed 315 

Revocation,  power  of  attorney,  by  claimant 383 

Revolution,  War  of,  pensions  account  of 419 

76704°— 15 11 


160  INDEX. 

Right:  Section. 

Future,  pensioner  to  be  advised  of,  when  claim  rejected  account  age 91c 

Of  election 67b 

Pensioner  receiving  same  rate  under  another  law 93 

Vested,  pension,  act  of  December  21,  1893 485 

Rules: 

Governing  leaves  of  absence 415 

Governing  special  claims 282 

Rural  free  delivery  carriers  not  authorized  to  administer  oaths  for  general  pur- 
poses   408 

S. 
Schedule: 

Payment  of  pensions,  made  in  Finance  Division 17 

Transfer  of  attorneys  required 352 

Seal,  judicial  officers  using,  not  to  be  put  under  oath 505 

Secretary: 

Correspondence  received  by  reference  of,  reply  through  his  office 306 

Decision  of,  in  appeals,  copy  mailed  party  in  interest 257b 

Names  dropped  from  roll  upon  approval  of 155 

Official  papers  from,  not  to  be  given  out  by  subordinates 29 

Regulations  prescribed  by,  payment  to  inmates  Government  Hospital  for 

the  Insane 489 

Section  4617,  Revised  Statutes,  amended  July  1,  1902 443 

Section  4693,  Revised  Statutes,  declarations,  all  disabilities  contracted  in  serv- 
ice to  be  named  therein 429 

Section  4693,  Revised  Statutes,  declarations,  signature  to  be  witnessed  by  two 

persons 430 

Section  4701,  Revised  Statutes: 

Act  of  May  11,  1912,  not  to  reopen  claims  adjudicated  prior  to  change  in 

practice 78 

Application  of,  to  claims  under  act  of  May  11, 1912 77 

Meaning  of  "construed  "  as  used  therein 77 

Section  4705,  Revised  Statutes,  marriage,  in  claims  widows,  colored  and  Indian 

soldiers 455 

Section  4706,  Revised  Statutes,  suspension  of  widow,  minor's  title 465, 466 

Section  4707,  Revised  Statutes: 

Amended  by  act  of  June  27,  1890,  as  to  dependent  parents 479 

Dependent  parents,  present  dependence  only  required,  amendment  by  act 

of  June  27,  1890 479 

Title  of  dependent  relatives  under 470 

Section  4708,  Revised  Statutes,  amended  by  act  of  March  3, 1901,  remarried 

widows 483 

Section  4715,  Revised  Statutes,  act  of  March  3,  1901,  applies  thereunder 67a 

Section  4716,  Revised  Statutes,  disloyalty,  limitation  as  to,  removed  by  joint 

resolution  of  July  1,  1902 443 

Section  4719,  Revised  Statutes: 

Declaration,  requirements  as  to,  in  claims  for  restoration 482 

Restoration  and  renewal,  failure  to  claim 450 

Sections  4692  and  4693,  Revised  Statutes:. 

Declarations  thereunder 428-430 

Rate,  notice,  and  proper  action,  certain  cases 139-142 


INDEX.  161 

Sections  4702  and  4703,  Revised  Statutes:  section. 

Minors,  title  thereunder,  general  law 465 

Rate  and  notice  under 139-140 

Title  of  widows,  general  law 452 

Sections  4756  and  4757,  Revised  Statutes,  allowances  account  10  and  20  years' 

naval  service 451 

Service: 

Any  change  in,  claim  to  be  referred  to  Record  Division 327 

Certificate  as  to,  State  of  Texas,  Indian  wars 130; 

Civil  War,  act  of  February  6,  1907 444 

Clearance,  establishment  of 332 

Disability  incurred  in,  act  of  May  11,  1912. 446 

Former  husbands,  if  any,  must  be  shown,  widows'  claims 229 

Husband,  if  any,  required  in  claim  of  mother  or  nurse 229,  329 

Length  of,  act  of  May  11,  1912,  deductions 72 

Navy- 
Civil  War,  when  to  be  considered 76 

Ten  and  twenty  years' 451 

No  pension,  members  Coast  Guard,  while  in  active 13 

Origin,  new  disability  in  claims  for  increase,  not  alleged  of,  to  be  ignored . .  66 
Other- 
Declaration  of  applicant  as  to 147 

Widow  not  required  to  show,  if  soldier  a  pensioner 148 

Pensionable,  drafted  men,  commencement  of,  act  of  May  11,  1912 79 

Prior  husband,  if  any,  in  widows'  claims 328 

Prior  soundness  presumed,  act  of  March  3,  1895 440 

Regular  establishment,  Civil  War,  when  not  considered  in 75 

Time  in  hospital  or  otherwise  absent  account  of  self-inflicted  wound  to  be 

deducted 72 

To  appear  in  addresses  to  inmates  Soldiers'  Home 299- 

Treatment  of  injuries  in,  not  sufficient  to  show  line  of  duty 441 

Service  pensions: 

Indian  wars 421-423 

Mexican  War,  provisions  of  law  relative  thereto. 424^126 

War  of  1812 420 

War  of  the  Revolution 419 

Sickness,  last,  and  burial,  reimbursement  for  expenses 495 

Signature: 

Commissioner—- 
By means  of  stamp 51 

Facsimile,  stamped  in  division 316a 

Declarations,  under  section  4693,  Revised  Statutes,  to  be  witnessed  by  two 

persons 430 

Tracing  of,  in  cases  of  identity * 322 

Sisters  and  brothers,  minor,  dependent,  proof  required 477 

Slip,  separate,  required  in  each  case  transfer  of  attorneys 351 

Slips: 

Call,  for  cases,  requirements  as  to 323,324 

Transfer,  referred  to  Law  Division 394 

Smoking  prohibited 35 

Soldiers,  colored  and  Indian,  widows,  marriage,  section  4705,  Revised  Statutes.  455 

Soldiers'  Home,  inmates  of,  service  to  appear  in  addresses 299 


162  INDEX. 

Soliciting:  Section. 

Attorneys  of  assistance,  Members  of  Congress  and  other  officials  subject  to 

disbarment 360,  361 

Money  from  employees  for  political  purposes  prohibited 40 

Spacing  of  official  letters 303 

Special: 

Case  to  be  treated  as,  if  error  in  certificate 271 

Claims  not  to  be  called  for  as 342 

Special  acts 275-277,279 

Copies  to  be  made  by  chief  clerk 275 

Declaration  required  in,  if  no  claim  on  file 279 

Reference  of,  to  Law  Division 11,  275 

Widows,  increase  minor  and  helpless  children  not  allowed  unless  provided 

for , 65 

Special  claims,  rules  governing 282,  283 

Special  examination 218-232 

Cases  in  field  for,  permits  in 225 

Claimant's  statement  in  invalids'  or  survivors'  claims 221 

Claim  under  subsequent  act  to  be  completed  if  earlier  claim  in  field 227 

Identity  cases 220 

Invalid  claims,  not  to  be  referred  unless  ratable  degree  disability  shown. .  224 

Medical  questions,  instructions,  by  medical  referee 61j 

Original  claim  in  field  subsequent  claim  forwarded  for  consolidation 226 

Requests  for — 

By  whom  made 218 

To  be  approved  by  commissioner 218c 

Special  Examination  Divisiori: 

Correspondence  with  foreign  countries  to  be  through,  if  expense  involved.  314 

Duties  of 12 

Special  examiners: 

Official  communications  of,  addressed  commissioner 39 

Reports  cf — 

As  to  fraud,  to  Law  Division 223 

In  criminal  cases,  and  confidential  communications,  not  to  be  inspected  284 

Subpoena  of 57 

To  return  completed  claims 228 

To  return  papers  in  case  of  death  claimant 230 

When  recovery  to  be  made  by 151 

Special  investigations,  letter  instructions  with  carbon 50 

Stamp,  signature  of  commissioner 51,  316b 

Stamping  of  commissioner's  facsimile  signature  in  division 316a 

Stamps,  postage,  to  be  returned,  if  inclosed 315 

State  agents,  advised  as. to  calls 403 

State  Department,  correspondence  with  consular  officers  to  be  through 313 

State,  Texas,  certificate  as  to,  Indian  wars 130 

Statement,  claimant,  in  invalids'  or  survivors'  claims,  special  examination 221 

States,  loyal,  enlistments  in 74 

Status: 

Attorney— 

Not  affected  by  change  of  guardian 374 

To  be  obtained  from  Law  Division 347 

Inquiries  for,  prompt  answers  required  in 289,  291 

Street  and  number  to  be  included  in  post-office  addresses  of  witnesses 501 


INDEX.    *  163 

Section. 
Street  and  number,  post-office  box,  or  rural  free-delivery  route,  addresses  to 

include 216  * 

Subagents,  attorneys  required  to  state  names  of  all 371 

Submission,  increase  claims  to  board  of  review 64a 

Subordinates,  official  papers  from  Secretary,  not  to  be  given  out  by 29 

Subpoena,  special  examiners 

Subsequent  act,  claim  under,  to  be  completed  if  earlier  claim  in  field 227 

Sufficiency  declarations  passed  upon  by  Law  Division 60a 

Superfluous  force  must  be  reported  to  chief  clerk 23 

Supervision: 

Chief  clerk,  divisions  under 

Commissioner,  divisions  under 2 

Deputy  commissioner,  divisions  under 

Supplies,  issuance  of — , 19, 44  - 

Surgeon: 

Affidavit  of,  to  be  in  handwriting  of  witness 504 

Civil,  medical  examinations  by 61g 

Surgeons,  examining: 
Certificates — 

Copying  of,  prohibited 285c 

Inspection  of,  not  permitted  in  admitted  cases 286 

Inspection  of,  not  permitted  in  rejected  cases  after  three  months 287 

Persons  permitted  to  examine 285b 

Correspondence  with,  in  name  medical  referee 296 . 

Surgeons,  examination: 

Inspection  certificates  of 285 

Testimony  of 62 , 

Survivors,  Indian  Wars,  increased  to  $20  per  month,  act  of  February  19,  1913.  131 

Suspended  attorney  entitled  to  fee  in  claims  completed  prior  to  suspension. . .  362 

Suspension  notice,  requirements  as  to 485,  486 

T. 

Table,  attorneys'  fees  allowed  by  law 513 

Tables,  rates 410-413 

Tardiness,  to  be  charged .' 22 

Telephone,  use,  prohibited  private  messages 38 

Ten  years'  service  in  Navy —  451 

Test,  medical  examinations 61i 

Testimony: 

All  details  to  be  given  by  witnesses, .in 502 

And  cred liability,  of  witnesses 321 

Examining  surgeons 62 

Medical — 

In  applications  for  renewal,  increase  claims 64d 

Required  in  certain  cases  before  medical  examination  ordered 64f,  64h 

To  be  considered  by  medical  referee  before  ordering  medical  examina- 
tion   64g 

To  contain  all  details  by  witnesses •  •  -  •  502 

Time: 

Allowed  attorney  in  rejected  cases  to  file  claim  for  reconsideration 382 

Appeal,  one  year 242 

Contested  claims,  limited  30  days  for  appeal 242 

Furlough,  not  to  be  deducted  if  returned  from 72 

Within  which  evidence  called  for  must  be  furnished .  .  379 


164  *  INDEX. 

Title:  Section. 

Attorneys,  not  to  contain  initials  "U.  S."  or  words  "United  States" 401 

Fee— 

Attorney,  not  considered  after  one  year  from  date  of  issue 370 

Case  attorneys'  suspension,  in  claims  completed  prior  to 362 

Minors — 

If  widow  dropped  account  adulterous  cohabitation,  or  abandoned 

by  her 466 

Under  act  of  June  27,  1890 466 

Under  act  of  May  9,  1900 466 

Under  sections  4702  and  4703,  Revised  Statutes,  general  law 465 

Widows,  under  sections  4702  and  4703,  Revised  Statutes,  general  law 452 

Tracing  signature  in  cases  identity 322 

Transfer: 

Attorneys — 

In  cases-  deceased  claimants 355 

Schedule  of,  required 352 

Separate  slip  required  in  each  case 351 

Written  consent  of  claimant  required  in. 354 

Attorneyship,  acknowledged  under  oath 350 

By  attorney  prohibited  unless  in  good  standing 356 

Consent  of  attorney  required  in 349 

Slips,  referred  to  Law  Division 394 

Typewriting  machines 46b 

Treasurer  of  United  States,  refundments  to  be  deposited  with 150 

Treatment,  injuries  in  service,  record  of,  not  sufficient  to  show  line  of  duty 441 

Twenty  years'  service  in  Navy 451 

Two: 

Claims  or  more  involved  in  appeals 251 

Or  more  disabilities,  disposition  of  claims  for 145-146 

Witnesses,  to  signature  in  declarations  under  section  4693,  Revised  Statutes .  430 
Typewriting  machines: 

To  be  reported  to  Mail  and  Supplies  Division 46a 

Transfer  of 46b 

U. 

Underscoring,  erasures,  and  interlineations  not  allowed  in  correspondence 294 

"United  States,"  not  to  be  used  by  attorneys  in  title 401 

United  States  Military  or  Naval  Home,  correspondence,  to  be  addressed  to 

official  head 312 

United  States  officers,  prohibited  from  acting  as  attorneys 359 

United  States  Treasurer,  refundments  to  be  deposited  with 150 

"U.  S.,"  not  to  be  used  by  attorneys  in  title 401 

Use,  expressions  used  in  ' '  office  parlance  "  prohibited  in  official  correspondence .  292 

V. 

Validity  declarations: 

To  be  passed  upon  by  Law  Division 11,  60a 

U .  S .  S .  Maine 134 

Valuable,  mail,  addressed  care  another  person  not  accepted 216b 

Value,  order  of: 

Evidence  as  to  dates  of  birth  children 459 

In  evidence  of  marriage 453 

Ventilation...  42 


INDEX.  165 

Section. 
Verification,  presence  or  absence  comrades,  case  not  returned  on  review  for,  if 

testimony  before  special  examiner 231 

Vessel,  name,  to  be  given  in  certificates  in  Navy  cases 266 

Vested  right,  pension,  act  of  December  21,  1893 485 

Violation,  law,  communications  alleging,  to  Law  Division 54a 

Visitors: 

Entertaining  of,  prohibited  in  court  and  corridors 23 

Parts  of  building  open  to 27 

Visits,  personal,  during  office  hours  prohibited 25 

Volunteer,  organization,  Civil  War,  date  of  enlistment  in 73 

Vouchers,  preparation  of,  in  Finance  Division 17 

W. 
War  Department: 

Additional  call  required  if  report  prior  to  1889 432 

Report  from,  before  ordering  medical  examination 61a 

Reports  from 68b 

War  of  1812,  service  pensions  account  of,  act  of  March  9,  1878 420 

War  of  Revolution,  pensions  account  of 419 

War  with  Mexico,  service  pensions,  provisions  of  law  relative  thereto 424-426 

Ward,  claim  of,  when  prosecuted  by  guardian  as  attorney,  fee  not  allowed 369 

Warrants: 

Bounty  land.... 132,133 

Attorney  to  be  notified  of  issue 133b 

Delivered  personally  or  by  registered  mail 132a 

Delivery  to  claimant  only 132b 

Receipts  required  for  delivery 133a 

Wars,  Indian,  service  pensions  account  of 421-423 

Waste  baskets  not  to  be  used  as  receptacles  for  refuse  from  lunches 34 

Widow: 

Claims,  briefing  of 198-200 

Claims  under  act  of  April  19,  190S— 

Briefing  of 202 

Proof  in 463 

Date  of  marriage  in  claims,  acts  of  June  27,  1890,  and  April  19,  1908 462 

Declarations  under  act  of  June  27, 1890,  to  be  accepted  as  under  act  of  April 

19,  1908 60c 

Dropped  account  adulterous  cohabitation,  title  of  minors 466 

Guardian,  no  payment  if  dropped  from  roll  under  act  of  August,  7,  1882. . .  265 

Increase  account  minors  of  former  wife  payable  to , 461 

Marriage — 

Prior  to  June  27,  1890 462 

Section  4705,  Revised  Statutes,  colored  and  Indian  soldiers 455 

Minor  completing,  briefing  of 201 

Other  service,  not  required  to  show,  if  soldier  a  pensioner 148 

Provisions  of  act  of — 

June  27,  1890,  as  to 462 

May  9,  1900 462 

Remarried,  renewal  act  of  March  3,  1901 483 

Service,  former  husbands,  if  any 229,  328 

Special  acts,  increase  for  minor  and  helpless  children  not  to  be  allowed 

unless  provided  for. 65 

Title  of,  under  sections  4702  and  4703,  Revised  Statutes,  general  law 452 

Under  acts  of  June  27, 1890,  and  April  19, 1908,  joint  resolution  July  ] ,  1902, 
appl  tcable  to 101, 464 


166  INDEX. 

Wife:  Section. 

Insane  or  imprisoned  invalid  pensioner,  payment  to ; 493 

Minors  of  former,  increase  account  thereof  payable  to  widow 461 

Windows,  to  be  opened  by  messengers 42 

Withholding: 

Fee  of  attorney,  if  articles  of  agreement  defective 397 

Willful,  of  evidence,  by  attorney,  to  be  reported  to  Secretary 375 

Witnesses: 

All  details  to  be  given  by,  in  testimony 502 

Credibility  of,  to  be  certified  by  officer  before  whom  executed 502 

Post-office  address,  including  street  and  number,  to  be  given 501 

Testimony  and  credibility  of. 321 

To  signature  of  applicant  in  declarations  under  section  4G93,  Revised 

Statutes 430 

To  state  whether  interested  in  prosecution  of  claim 501 

Writing,  instructions  by  chiefs  of  division,  to  be  in 47, 48 

Written  consent  of  claimant  required  in  transfer  "of  attorneys 354 

Work,  hours  of 22 

Wound,  disability  from,  nature  of  evidence  required 435 

Y. 

Year,  birth,  established,  act  May  11,  1912,  allegation  of  claimant  accepted 

as  to  day  and  month 91a 


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